The asphalt company that wants to erect a hot asphalt plant on Camp Road in Hamburg is appealing a State Supreme Court decision in favor of the Town of Hamburg.
AL Asphalt had challenged the town Planning Board's designation of the project that requires a lengthy and costly environmental impact study. The land at the site of a former concrete plant is zoned for manufacturing, but critics say it will generate toxic fumes and odors, and is too close to schools, homes, businesses and medical buildings.
Justice Catherine Nugent Panepinto ruled in favor of the town, deciding the issue was not ready for judicial review, and she granted the town's motion to dismiss the case.
AL Asphalt has filed an appeal with the Fourth Judicial Department of the Appellate Division of State Supreme Court.
The town and company had been trying to come to an agreement about locating the plant at a different, unnamed site.