The owners of Coventry asphalt and concrete plants are now in a legal battle with the town, and some angry residents.
This after the Town Council restricted plant operations from 7 am to 7 p.m.
Tammy Duxbury, with the organization Citizens Advocating for a Safe Environment (CASE) said, "Our organization thinks that their hours should be limited. These people are being woken up at all hours of the night. They can't get their sleep. And that's only the tip of the iceberg."
One neighbor – who is on portable oxygen – says the smoke aggravates her condition.
Coventry resident Elizabeth Loughlin-Moran said, "Bronchitis. I have had pneumonia twice in the last two years. And I don't think this caused this. But it certainly didn't do me any good."
ABC6 Chief Political Reporter Mark Curtis said,
"There was a time these plants operated around the clock, but their hours were curtailed due to health and noise complaints."
So the dispute is now before a Superior Court Judge.
A previous court ruled the plants could occasionally operate overnight to meet road paving demands.
But if their hours are restricted, owners say they lose customers.
Carl Pasteryak of Pasteryak Asphalt testified, "Occasionally they will want (asphalt) mix especially on the hotter days – like it was last week – before 7 a.m., and we cannot produce it."
The owner and attorney for the asphalt plant declined to speak on camera, but in court told the judge that strict hours of operation, are hurting their bottom line.