Leonard Russo of Fairmount Ave. runs Russo Earth Care from three nearby locations including his home and claims that the new law will put him out of business.

The ordinance, passed by the City Council and signed by the Mayor prohibits commercial vehicles weighing more than 3 tons from operating on Fairmount and Newton avenues.

Russo has filed a lawsuit in Lawrence Superior Court asking a judge to nullify the law. ?EUR??,,????'??Russo will suffer irreparable damage by being forced to discontinue his landscaping business?EUR??,,????'?? in the neighborhood, the lawsuit claims. This is the last straw in a battle that has gone on for approximately three years.

Seven neighbors petitioned the City Council this summer to enact the ordinance because they did not want Russo?EUR??,,????'???s business to be ran from their neighborhood, which is zoned as residential and located near Whittier Middle School. The compliant alleges that the equipment is loud and emits fumes, which are hazardous to pedestrians.

The lawsuit asks for a temporary injunction to prevent enforcement of the law until the issue can be decided by a court later. The injunction hearing will be held later this month and the city agreed not to enforce the new law until that date.

The lawsuit says the new law should be nullified because it targets an individual, making it an unconstitutional act.

Russo also complains that the city official that pressed the issue, David Hall, used his power to help his friend Joseph Spero, a neighbor who signed the petition. They are both local retired police officers. He asked for the law to be declared void and the city to declare his conduct and business as lawful. He is also requesting unspecified financial award for damages and lawyer costs.

The mayor, who lives nearby, has spoken with Russo and offered the city?EUR??,,????'???s help to move him to a local commercial property.

The city ordered Russo to cease and desist his business in February, but Russo continued because he believed his business has so-called ?EUR??,,????'??grandfather?EUR??,,????'??? status due to the length of time it has been there.