NORTHEAST MINES, INC. v. TOWN OF SMITHTOWN

No. CV 83-3277.

584 F.Supp. 112 (1984)

NORTHEAST MINES, INC., National Sand & Gravel Corp., and Richard K. Steck and Gerald J. Philbin, individually and d/b/a Richard Steck, Gerald Philbin Development Co., Plaintiffs, v. The TOWN OF SMITHTOWN, The Town Council of the Town of Smithtown, Patrick R. Vecchio, et al., Defendants.

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

February 3, 1984.


Attorney(s) appearing for the Case

Stephen P. Scaring, Mineola, N.Y., for plaintiffs.

Hart & Hume, James E. Brandt, of counsel, New York City, for defendants.


Memorandum of Decision and Order

MISHLER, District Judge.

Plaintiffs allege that defendants, acting in concert and under state law, have unlawfully demanded "exorbitant and extortionate `fees' and other charges from the plaintiffs for the right to excavate sand and gravel from their own land notwithstanding the issuance of a valid state mining permit and have misused their governmental power to manipulate...

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