Judge shutters a neighborhood nuisance

A State Supreme Court judge has at least temporarily shut down Battaglia Demolition, long a plague on the Seneca Babcock neighborhood.

The plant, located about one mile south of downtown, crushes and otherwise processes concrete, bricks, asphalt and other construction and demolition debris. Residents have long complained that the plant and trucks that service it are the source of dust, noise – even rats.

Two years ago the state filed suit against the plant owner, Peter Battaglia, contending the facility was a “public nuisance” and lacked necessary permits. On Monday, Judge Deborah Chimes issued an injunction that ordered the plant closed until it has obtained the necessary permits. The judge also ruled that Peter Battaglia could be held personally liable for damages.

“It was a big win,” said Brian Borncamp, a community organizer with the Clean Air Coalition of Western New York, which worked with residents in dealing with Battaglia. “We now we have a mandate that he will follow the law and be held accountable for his actions.”