GREENWALD v. BOARD OF SUP'RS OF COUNTY OF SULLIVAN

Nos. 82 Civ. 5488, 82 Civ. 5596.

567 F.Supp. 200 (1983)

Dennis GREENWALD, individually and as Supervisor of the Town of Mamakating, Sullivan County, New York, Richard Diffendale, Daniel Thomas, Nicholas Salamone, and Henry Young, individually and as Members of the Town Board of the Town of Mamakating, Sullivan County, New York and on behalf of all the residents of the Town of Mamakating similarly situated; and the Town of Mamakating, Sullivan County, New York; David Kaufman, individually and as Supervisor of the Town of Thompson, Sullivan County, New York, Joel Lerner, Aaron Pollock, William J. Reiber, and Anthony Cellini, individually and as Members of the Town Board of the Town of Thompson, Sullivan County, New York, and on behalf of all the residents of the Town of Thompson similarly situated; and the Town of Thompson, Sullivan County, New York, Plaintiffs, v. The BOARD OF SUPERVISORS OF the COUNTY OF SULLIVAN and the County of Sullivan, Defendants. Fred HAAS, Richard Lanza, Paula Yeager, Gladys S. Sunshine and Tom Brown, individually and as officers and directors of the Sullivan County Chamber of Commerce and Industry, Inc., and Sullivan County Chamber of Commerce and Industry, Inc., Plaintiffs, v. COUNTY OF SULLIVAN, Board of Supervisors of the County of Sullivan and State of New York, Defendants.

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

June 27, 1983.


Attorney(s) appearing for the Case

Stephen L. Oppenheim, Monticello, N.Y., for Greenwald plaintiffs.

William C. Rosen, County Atty., Monticello, N.Y., for Greenwald and Haas defendants.

Orseck, Orseck, Levine & Greenberg, Liberty, N.Y., for Haas plaintiffs; Gerald Orseck, Liberty, N.Y., of counsel.


OPINION

EDWARD WEINFELD, District Judge.

These are two related actions which seek to declare that the plan of apportionment for allocating votes to the members of the Board of Supervisors of Sullivan County (the "Board") is unconstitutional because it allegedly denies residents of towns within the County equal representation. The challenge in each action rests upon a different theory. But at the center of each...

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