NIAGARA, N.Y. (WIVB) — There’s been a big setback in the plan to put an asphalt plant in the Town of Niagara.

During a special meeting, Wednesday night the town board voted to rescind its approval of the project.

The plant was going to be located on Witmer Road near Niagara University.

The university is opposed to the project.

The town’s attorney says they could face legal action from the plant’s owners.

But he’s not worried.

Town Attorney Michael Risman said, “The most that could happen — they could bring a lawsuit, there’s no potential claim for damages. We would have the support of the county planning department. I assume Niagara University and the Town of Lewiston, so I’m not really concerned about a lawsuit.”

We’ve reached out to the attorneys for the plant and are waiting to hear back.