Dolomite Products has filed a second lawsuit against the town of Ballston, seeking judicial support for its controversial plans for an asphalt-batching plant at the Curtis Industrial Park.
The new lawsuit comes after a different lawsuit earlier this year succeeded in annulling a 2013 town law that changed the definition of the town’s industrial zone to apply only to “light industry.”
State Supreme Court Judge Ann C. Crowell ruled in July that the law was invalid, because the town failed to follow all the legal notification requirements before amending a zoning law.
Also in July, Dolomite sought a Zoning Board of Appeals ruling that the project constituted an “improvement” to the Curtis property, rather than being a “use” governed by zoning law. But the ZBA in August found Dolomite’s plan should be considered a “use,” subject to zoning review, which has led to the new lawsuit filed last week in state Supreme Court in Ballston Spa. It seeks to annul the ZBA’s ruling and to have the judge declare that the asphalt plant is legal under town zoning law.
The company also seeks a ruling that town zoning amendments cannot prohibit Dolomite’s asphalt plant from being constructed as an “improvement” in the Curtis Industrial Park.
Town Attorney James Walsh said the town is currently reviewing the lawsuit. “We’re going to vigorously defend the town,” he said.
The Town Board could adopt a new version of the law as soon as its Sept. 30 meeting, according to Dolomite.
The Dolomite application has been controversial since it was filed in 2011, with a number of people who live near the Curtis Industrial Park concerned about the traffic and health impacts it would have.
Dolomite contends that the controversy led directly to the Town Board’s efforts to change the allowed uses in the town’s industrial area.
The asphalt plant proposal remains pending before the town Planning Board and is on the board’s agenda for Wednesday night.
Dolomite is a division of Callanan Industries of Schenectady.