The company that had its plans to operate an asphalt plant in Hamburg shot down by the town Planning Board last month wants a judge to overturn the board’s decision.
AL Asphalt Corp. challenged several town actions in a petition naming the Town of Hamburg, Town Board and Planning Board filed this week in State Supreme Court. The company also seeks at least $500,000 in damages.
The first action dates to 2019, when the company first proposed the plant at 5690 Camp Road, the site of a concrete plant. The Planning Board decided that AL Asphalt needed to complete a lengthy and expensive environmental impact study.
It took four more years before the Planning Board denied the application for the plant.
The company’s legal action had been expected.
The company proposing the plant, AL Asphalt, plans to challenge the town’s action in state Supreme Court, according to its attorney, Ralph Lorigo.
“You can’t go to court until there’s a final determination,” said Ralph Lorigo, attorney for AL Asphalt.
AL Asphalt contends the Planning Board misclassified the project, the property was properly zoned for manufacturing and the proposed plant needed a short environmental review.
In January 2022, the Town Board removed bituminous processing facilities from being…
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