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Judge rules in favor of asphalt company in years-long battle in Town of Hamburg

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TOWN OF HAMBURG, N.Y. (WKBW — Plans to bring an asphalt plant to the Southtowns that became a years-long fight between the developers and the Town of Hamburg have taken another turn.

Five years after AL Asphalt first debuted its plans in Hamburg, a judge has ruled in favor of the asphalt company, deciding that the town acted "without good reason" in its efforts to block a new development on Camp Road.

Attorney Ralph Lorigo told me while they're prepared for the town to appeal, they're excited to be moving forward with their project. Lorigo said the judge also denied the town's change of zoning for the particular parcel.

  • The controversial project debuted in the summer of 2019. At the time neighbors were concerned about the noise, the smell, and possible harmful emissions.
  • In November 2019 they scored a victory when the town's environmental review found it could have a negative impact.
  • By early 2020, AL Asphalt was suing the town. A judge dismissed that case telling the company they'd have to do their own environmental study to move forward.
  • In 2023 the town's planning board once again shot down the project.
  • As of now, there is a green light in front of the asphalt company.

Neighbors like Mary Jo Sellers are not happy about it and want the town to appeal.
"They have to consider the health and well-being of the people in the community," said Sellers. "There are families all along this block that have little ones growing up. I don't know what the effects of breathing that for 15 years, 20 years is going to do to them."

Town Supervisor Randy Hoak said a potential appeal is a huge priority.

The next town board meeting is planned for September 9 but he said he's currently discussing the possibility of bringing the board together to develop a strategy within the next couple of weeks.