Hamburg, N.Y. (WBEN) - A New York State Supreme Court judge recently ruled in favor of permitting A.L. Asphalt to construct their Camp Road asphalt plant in Hamburg, which the town and residents have been trying to prevent since plans were proposed in 2019.
State Supreme Court Justice Emilio Colaiacovo ruled the Hamburg Town Board passed laws that were arbitrarily focused on banning the plant, which he says is illegal.
"I certainly understand the logic that was spelled out by the judge, I certainly disagree, as do our attorneys that represented the Town of Hamburg," Hamburg Town Supervisor Randy Hoak told WBEN on Friday.
"My hope is that we'll be able to file the appeal within the next few weeks. That's a decision that's really going to be up to the five-member Hamburg Town Board."
When the plans were proposed to build the hot mix asphalt facility that will replace the concrete plant, Hamburg residents voiced concerns about having the facility near residential neighborhoods as well as daycares and schools, packing town meetings to speak to their environmental concerns, the number one concern being air quality.
In January 2023, the Hamburg Town Board changed their zoning laws which prevented the asphalt center from operating and the Hamburg Planning Board issued a positive declaration on the state environmental review process in November 2023, detailing the plant was a danger to the environment.
The next Town Board meeting is Sept. 9. However, Hoak did call for an executive session for the board to discuss the legal matter on Aug. 19.
"There's been a lot of work done in the community for folks bringing their voices to this issue and then there's been a lot of work done by our planning department. It's a very complicated issue. However, I feel that the town is well positioned for a strong appeal," Hoak added.