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GREENE v. TOWN OF BLOOMING GROVE

No. 80 Civ. 0474.

483 F.Supp. 804 (1980)

Marvin H. GREENE and Country Lake Homes, Inc., Plaintiffs, v. The TOWN OF BLOOMING GROVE, Robert Muller, Individually and as Supervisor of the Town of Blooming Grove, Helen Duelk, Milton M. Tischler, Richard C. Morrisey, Susan B. Wells, Individually and as Members of the Town Board of Blooming Grove, Gerald N. Jacobowitz, Individually and as Attorney for the Town of Blooming Grove, Edmund A. Fares, Individually and as Engineer for the Town of Blooming Grove, their Agents, Assistants, Successors, Employees, and all Persons Acting in Concert or Cooperation with them or at their Direction or Under their Control, Defendants.

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

February 7, 1980.

Attorney(s) appearing for the Case

Colman & Liner, New York City, for plaintiffs; Leon Liner, Robert F. Liner, New York City, of counsel.

Jacobowitz & Gubits, Walden, N.Y., for defendants; John H. Thomas, Jr., Gerald A. Lennon, Walden, N.Y., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff, Marvin Greene, is the owner of 1,000 acres of improved land in the Town of Blooming Grove ("the Town"), a bucolic community of fewer than 10,000 inhabitants situated in Orange County, New York. He seeks to promote on his property during the weekend of the Fourth of July, 1980, a massive, three-day rock concert to which he hopes and expects that 300,000 enthusiasts will flock.1

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