Sadlowski v. Laframboise Sand and Stone Inc.
A court can issue an injunction, to prevent a business from infringing a condition in a zoning permit. The plaintiff zoning enforcement officer sued the defendant and asked the court to enjoin the defendant from illegal use of its gravel extraction business. The defendant has a special permit to extract gravel, topsoil, rock and earthen materials. The defendant allegedly continued its business operations after its permit was revoked, and a new permit was issued, with conditions that no more that 26 trucks loads of material could be exported or imported per day. Neighbors testified that truck traffic to the defendant's property begins at 7 a.m. and that vehicles pass frequently, as often as every two minutes. The trucks are dump trucks and gravel haulers that generate fumes, noise and dust that negatively affect the quality of life. Currently, there are nearly 300 vehicle trips to and from the facility per day. The commission acted within its authority when it rescinded the permit. Neighbors, wrote the court, suffer "a daily onslaught of annoying, irritating, and discomforting traffic, noise, dust and fumes amounting to a nuisance on a scale far exceeding the volume of those disturbances present at the time they bought their homes." The court found that the plaintiff ZEO established he lacks an adequate remedy at law. The plaintiff is likely to succeed on the merits at trial. The town has not approved this amount of use. The alleged infringement of the municipality's regulations is not tolerable in a society based on the rule of law. The defendant's current operations could harm the environment and the neighborhood. The court enjoined the defendant from exporting or importing more than 26 truck loads per day. Each load that exceeds the restriction of 26 loads per day shall be subject to a penalty of $1,000.