ALIBERTI v. TOWN OF BROOKHAVEN

No. 08-CV-5185 (TCP).

876 F.Supp.2d 153 (2012)

Albert ALIBERTI and Muriel Aliberti, Plaintiffs, v. TOWN OF BROOKHAVEN, Town of Brookhaven Zoning Board of Appeals, Terry Karl (in his individual and official capacity), Marvin Colson (in his individual and official capacity), Paul M. DeChance (in his individual and official capacity), Kerry Periguini (in his individual and official capacity), Edward Morris (in his individual and official capacity), James Wisdom (in his individual and official capacity) and Michael Schaffer (in his individual and official capacity), Defendants.

United States District Court, E.D. New York.

June 25, 2012.


Attorney(s) appearing for the Case

Albert Adam Breud, II , Law Offices of Albert Adam Breud, P.L.L.C., Commack, NY, Jonathan Edward Kirchner , Jonathan Edward Kirchner, P.C., Huntington, NY, for Plaintiffs.

Jessica L. Mooney , Joanne J. Romero , Peter J. Biging , Lewis Brisbois Bisgaard & Smith LLP, New York, NY, for Defendants.


MEMORANDUM AND ORDER

PLATT, District Judge.

Before the Court is defendants' motion for summary judgment on plaintiffs' remaining claim alleging a "class-of-one" equal protection violation.1 Plaintiffs allege that defendants violated the Equal Protection Clause of the Federal Constitution by treating plaintiffs differently from similarly situated individuals by denying plaintiffs' variance application to subdivide their property...

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