Resisting a three year effort by the Town to prohibit the construction of a hot-mix asphalt plant in the Town of Ballston, Couch White attorneys, Adam Schultz and Jennifer Harvey, recently concluded a successful court challenge of a zoning amendment that sought to prohibit the plant. Despite the presumption of validity that attaches to laws enacted by local towns, where it can be shown that the law was improperly directed at a company project, the law can be defeated. Creating and preserving a favorable record of proceedings regarding the adverse actions taken or about to be taken by the local town is one of the keys to success in such matters.
