Residents of Seneca-Babcock, NY, who have been battling a stone-crushing facility for more than two years won a legal victory last week when a judge signed an injunction that halts operations until the company obtains a city permit.
But some Buffalo officials have raised concerns about the impact the business will have on the neighborhood, a sign that Custom Top Soil might face difficulties getting the necessary approval. Company attorney Craig A. Slater warned that further legal action is likely if the city tries to block the operation.
State Supreme Court Justice Donna Siwek reversed an earlier ruling that CTS did not need a permit to operate its stone- and concrete-crushing complex. Slater said the company halted stone-crushing operations several days ago after learning that the judge intended to sign an injunction.
Residents have been waging a campaign to block the facility since it was first proposed in early 2001. They claim the operation is a neighborhood nuisance that causes dust, noise and vibrations.
Some have argued that the stone-crushing activities might even force the relocation of Flexo Transparent, a company that makes packaging for the food and medical industries, because of concerns about dust.
David J. State, the attorney who represents the city in the case, said it will be up to Raymond K. McGurn, commissioner of permit and inspection, to decide whether CTS should be allowed to resume operations. But State said he's inclined to agree with residents that an impact study is needed.
"If this type of operation doesn't justify an environmental review, nothing does," he said.
"I couldn't disagree more," Slater said of the push for an environmental study. He claimed such a review is neither required nor appropriate.
The company contends the site has been zoned for heavy industry for more than a century and the area already includes foundries, railroads and a junkyard.
Slater claimed the long-festering dispute has been mired in "politics."
"There's a certain group of folks that simply wants to put my client out of business, and it's just not fair," he said. Buffalo (New York) News