DLC MANAGEMENT CORP. v. TOWN OF HYDE PARK

Docket Nos. 97-7932, 97-7934 and 97-9004.

163 F.3d 124 (1998)

DLC MANAGEMENT CORP., Plaintiff-Appellant, Arnold L. Cohen, Frederick Cohen and Carole Horowitz, Plaintiffs-Appellants-Cross Appellees, v. TOWN OF HYDE PARK, The Town of Hyde Park (N.Y.) Town Board of the Town of Hyde Park and Planning Board of Hyde Park, Defendants-Appellees-Cross Appellants, Nancy Alden and Evelyn Crispell, Defendants.

United States Court of Appeals, Second Circuit.

Decided December 15, 1998.


Attorney(s) appearing for the Case

Robert Hermann, Plunkett & Jaffe, P.C., White Plains, N.Y., for Plaintiffs-Appellants-Cross Appellees.

Edward Rubin, of Counsel, New York, NY, for Plaintiff-Appellant.

S. Pitkin Marshall, New York, NY, Brian S. Sokoloff, Thurm & Heller, New York, NY, On the Brief, for Defendants-Appellees-Cross-Appellants.

Before: PARKER, Circuit Judge, EGINTON, and GLASSER, Senior District Judges.


EGINTON, Senior District Judge:

Plaintiffs DLC Management ("DLC"), Arnold Cohen, Frederick Cohen, and Carole Horowitz (the "Landowner Plaintiffs") appeal from a decision of the United States District Court for the Southern District of New York (Charles L. Brieant, Judge) granting summary judgment in favor of defendants Town of Hyde Park, the Town Board of Hyde Park, and the Planning Board of Hyde Park (collectively "the Town") as to plaintiffs' 42 U.S.C. &...

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