New York Supreme Court February 6, 1946 (Burroughs Landscape Construction Co. v. Town of Oyster Bay)

C. A. Johnson, J.

In this action, the plaintiff corporation seeks a permanent injunction to restrain the defendant Town and its officers from interfering with the plaintiff’s operations in the removal of topsoil, such interference being allegedly in enforcement of an ordinance of the Town of Oyster Bay adopted December 19,1944, regulating the removal of topsoil.