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BUSINESS BARRED FROM USING FORMER GRAVEL PIT

Sheldon Weaver, who operates Advanced Materials Remanufacturing, was barred Friday from continuing to use a former Cattaraugus County gravel pit for the pothole repair business. Weaver said the action will cost him millions of dollars in profits.

As Weaver filed a federal civil-rights suit against Cattaraugus County Judge Larry M. Himelein and the state, Himelein granted the state Department of Environmental Conservation a permanent injunction against Weaver's business on Maple Grove Road in the Town of Freedom.

Weaver, who said he will act as attorney for his firm although he hasn't formally studied law, insisted his company is exempt from state solid-waste laws and that state agents are "conspiring" against him and his company.

Mike Zabel, a spokesman for state Attorney General Dennis C. Vacco, who is being sued along with Himelein, the state government and the DEC, called Weaver's civil-rights suit "outrageous" and part of his continuing violation of the rights of his neighbors and residents of Freedom.

Zabel said the state believes Weaver's business violates state laws on operation of a solid-waste site. He said Himelein faulted Weaver for a series of "frivolous and groundless" legal motions he has made in an apparent attempt to stall the case.

Weaver said limestone or gravel is a necessary component of his manufacturing process, which makes cold patch to repair road potholes.

Weaver said the newest injunction is "an unwarranted interference" in his business rights and civil rights.

If Weaver continues to refuse to carry out his obligation to clean up the landfill, the state will sue him for further damages, possibly seizing some of his personal property to pay for a state-sponsored cleanup of the gravel pit, Zabel said.

Weaver, who says he is about to seek a patent on his permanent pothole patch, purchased the old Pioneer Landscaping site in Freedom in 1996 and is in partnership with Wayne Rutkowski Jr. of Glenwood and his brother Larry Rutkowski of West Seneca.

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