Gary D. Peake Excavating Inc. v. Town Bd. of Hancock
ELR Citation: ELR 21620 No(s). 95-9280 (2d Cir. Aug 22, 1996)
The court holds that under New York law, an unconstitutional section in a local waste flow-control ordinance is severable from the constitutionally valid remaining provisions of the ordinance. The court first holds that plaintiffs' claims are ripe for adjudication. Plaintiffs do not have to obtain a...