FORTRESS BIBLE CHURCH v. FEINER

Docket No. 10-3634-cv.

694 F.3d 208 (2012)

FORTRESS BIBLE CHURCH, Reverend Dennis G. Karaman, Plaintiffs-Appellees, v. Paul J. FEINER, individually & in his official capacity as the Supervisor of the Town of Greenburgh, Sonja Brown, in her official capacity as Councilwoman for the Town of Greenburgh, Kevin Morgan, in his official capacity as Councilman for the Town of Greenburgh, Diana Juettner, in her official capacity as Councilwoman for the Town of Greenburgh, Francis Sheehan, in his official capacity as Councilman for the Town of Greenburgh, Town Board of Greenburgh, The Town Board of the Town of Greenburgh, Town of Greenburgh, The Town of Greenburgh, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: September 24, 2012.


Attorney(s) appearing for the Case

Robert A. Spolzino ( Joanna Topping , Cathleen Giannetta , on the brief), Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains, NY, for Defendants-Appellants.

Donna E. Frosco , Keane & Beane, P.C., White Plains, NY, for Plaintiffs-Appellees.

Before: WALKER, CHIN and LOHIER, Circuit Judges.


JOHN M. WALKER, JR., Circuit Judge:

This appeal concerns a longstanding land-use dispute between plaintiff-appellee Fortress Bible Church ("the Church") and defendant-appellant Town of Greenburgh, New York ("the Town") over the Church's plan to build a worship facility and school on land that it owned within the Town. After a series of contentious administrative proceedings effectively preventing the Church's project from going forward, the Church, along with its...

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