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Order stays put on KPE II concrete plant in Kings Park

The Smithtown Town Board voted unanimously to purchase

The Smithtown Town Board voted unanimously to purchase two properties for $240,000 that can be used for transfer of density flow rights. (Feb. 20, 2012) Credit: Erin Geismar

A State Supreme Court judge Thursday left in place a temporary restraining order barring a Kings Park concrete contractor from storing solid waste and heavy equipment.

Justice Arthur G. Pitts said the order would remain until he rules on the Town of Smithtown’s request for a permanent injunction against KPE II of Old Northport Road. Town officials say the company is violating zoning regulations, and neighbors complain the firm causes disturbances with loud noises and foul odors.

Pitts did not indicate when he would issue a ruling, town attorney John Zollo said. The judge could order a hearing to consider a preliminary injunction, grant the town’s request for a permanent injunction or find in favor of KPE II, Zollo said.

“We’ve got strong arguments, and I think we have the law and the facts on our side,” Zollo said.

An attorney for KPE II did not return a call for comment.

The town on March 22 began round-the-clock surveillance of KPE II after neighbors said the company was violating the temporary restraining order. Town officials said the firm complied with the court order after surveillance began.


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