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Resident action against Battaglia demolition

For years, people living in the Babcock section of Buffalo have complained that a local recycling company has not been a good neighbor.

BUFFALO, NY -- For years, people living in the Babcock section of Buffalo have complained that a local recycling company has not been a good neighbor. They say there's just too much noise, dust and truck traffic.

And, residents may be getting close to a resolution.

"I'm sorry, but that is wrong totally wrong, to put residents in this type of of situation," said Arthur Robinson, a Babcock resident. "Every single day there's dirt and debris on vehicles and on windows -- it's a constant cleanup."

Robinson has lived on Maurice Street for 35 years. He says day after day, he's bothered by what happens at Battaglia Trucking, two streets away. The company recycles cement that is resold and crushes trash that's shipped out.

Residents have complained for years about the dump trucks crowding nearby streets, excessive noise, dust in the air, even rodents at Battaglia Trucking. The state Attorney General's Office has filed a complaint against Battaglia, seeking to resolve the issues. And, it's getting push back from the company.

"There's no reading of the law that says Peter Battaglia is in violation of any statute, given the history of this property," said Steven Cohen, a local defense attorney.

The legal battle comes down to one issue -- whether the crusher Battaglia uses needs to be registered with the state, or if it can get an exemption. The company says no -- it doesn't need to be registered and is exempted.

The state believes otherwise.

"Because Battaglia has made myriad efforts to become the garbage man for the City of Buffalo," said Jane Camerson, an assistant attorney general.

Here's what the law says -- if the crusher is in a fixed location, it needs a permit, if it crushes 25 tons of materials or more an hour.

This is what the AG's office said in court:

"The crusher has been operated at a fixed location since December 5, 2011. There's no statement in the record to the contrary," Cameron said.

And, the company says it does 145 tons of materials an hour. That would lend itself more in the state's favor -- requiring the company to get a permit which it doesn't have -- and go through the approval process, which may or may not be successful. The judge has to decide what happens next, while residents wait for a decision.

The judge could make her ruling at any time. If Battaglia loses, he says he'll take the case to the state Appellate Court.

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