SUN ENTERPRISES, LTD., et al., Plaintiffs,
v.
Russell E. TRAIN et al., Defendants.
United States District Court, S. D. New York.https://leagle.com/images/logo.png
May 9, 1975.
May 9, 1975.
Attorney(s) appearing for the Case
Marshall, Bratter, Greene, Allison & Tucker, New York City, for plaintiffs; Nicholas A. Robinson, Charles H. Miller, Allen H. Brill, New York City, of counsel.
Paul J. Curran, U. S. Atty., S. D. N. Y., for defendants Train, Hansler, Morton, and United States; William Roche Bronner, Asst. U. S. Atty., Richard G. Tisch, Atty., Water Enforcement Branch, Environmental Protection Administration, New York City, of counsel.
Louis J. Lefkowitz, Atty. Gen. of N. Y., for defendants Reid, McKeon, Concra, Garvey, Schuler, Sinacori, Gardeski, and State of New York; Olin Harper LeCompte, Stanley Fishman, Julius Feinstein, Albany, N. Y., of counsel.
Harry H. Chambers, Town Atty., Town of Somers, New York City, for defendants Town of Somers; Adams, Minogue, Oehler, Osborne, each as Councilman of the Town Board of the Town of Somers; Quagliano, Cross, Feldschuh, Fogarty, La Porte, Lubkeman, Nuccio, each as member of the Zoning Board of Appeals of the Town of Somers; Fleischhauer, Albertson, Brown, Cukierski, Granata, Kolack, Peer, each as member of the Planning Board of the Town of Somers; Antonaccio; Marcon; and Flood.
Blasi & Zimmerman, Tarrytown, N. Y., for defendants Heritage Hills of Westchester, Paparazzo, McGann, H & H Land Corp., Heritage Hills Sewage-Works Corp., and Heritage Development Group, Inc.; Peter F. Blasi, Davis M. Zimmerman, Tarrytown, N. Y., of counsel.
Angus MacBeth, New York City, for amicus curiae Natural Resources Defense Council.
United States District Court, S. D. New York.
OPINION
BONSAL, District Judge.
Plaintiffs commenced this action against certain federal, state, and town officials and certain private defendants on January 8, 1975. The federal and state defendants moved pursuant to F.R.Civ.P. 12(b) to dismiss the complaint. The town and private defendants moved pursuant to F.R.Civ.P. 12(b) to dismiss the complaint and for summary judgment pursuant to F.R.Civ.P. 56. Plaintiffs moved for summary judgment on their "second...
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