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HARLEN ASSOCIATES v. INC. VILLAGE OF MINEOLA

Docket No. 01-7039.

273 F.3d 494 (2001)

HARLEN ASSOCIATES, Plaintiff-Appellant, v. The INCORPORATED VILLAGE OF MINEOLA and Board of Trustees for the Incorporated Village of Mineola, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 16, 2001.

Attorney(s) appearing for the Case

Carl S. Levine, Roslyn, NY (Alexander M. Amanatides, Carl S. Levine & Associates, Roslyn, NY, of counsel), for Appellant.

Christopher P. Cartier, Albertson, NY (Ahmuty, Demers & McManus, Albertson, NY, of counsel), for Appellee.

Before: MESKILL, WINTER and STRAUB, Circuit Judges.

MESKILL, Circuit Judge.

Plaintiff-appellant, Harlen Associates (Harlen), brought this action pursuant to 42 U.S.C. § 1983 against defendants-appellees, the Incorporated Village of Mineola (Village) and its Board of Trustees (Board), alleging that the Board's denial of a special use permit to operate a convenience store was unconstitutional. The United States District Court for the Eastern District of New York, Mishler, J., granted defendants-appellees...

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