RRI REALTY CORP., Plaintiff-Appellee-Cross-Appellant,
v.
The INCORPORATED VILLAGE OF SOUTHAMPTON, Roy L. Wines, Jr., Mayor, Orson D. Munn, Jr., Paul Parash, Charles F. Schreier, Jr., and Richard L. Fowler, Constituting the Board of Trustees of the Village of Southampton, Sherburne Brown, Courtland Smith, Victor Finalborgo, John Winters and Morley A. Quatroche, Constituting the Board of Architectural Review of the Village of Southampton, and Eugene R. Romano, the Building Inspector of the Village of Southampton, Defendants-Appellants-Cross-Appellees,
William Matrick, Jr., Carlos Nadal, Jacob Buchheit, Elise Korman and Marvin Dozier, Constituting the Zoning Board of Appeals of the Village of Southampton, Defendants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued October 3, 1988.
Decided March 29, 1989.
Attorney(s) appearing for the Case
Edward Brodsky, New York City (Sarah S. Gold, Lawrence P. Gottesman, Spengler, Carlson, Gubar, Brodsky & Frischling, New York City, on the brief), for defendant-appellant-cross-appellee Village of Southampton.
Therese Neilsen, Uniondale, N.Y. (Lois H. Kleinberg, J.M. Furey & R.J. Furey, Hempstead, N.Y., on the brief), for defendants-appellants-cross-appellees Members of Bd. of Architectural Review.
Evan H. Krinick, Uniondale, N.Y. (Frank L. Amoroso, Richard C. Mooney, Rivkin, Radler, Dunne & Bayh, Uniondale, N.Y., on the brief), for defendants-appellants-cross-appellees Members of Bd. of Trustees.
John H. McLoone, Jr., Williston Park, N.Y. (J. Maloney, Murphy, McLoone, Nelson, Dobise & McGrane, Williston Park, N.Y., on the brief), for defendant-appellant-cross-appellee Romano.
Glenn S. Goldstein, New York City (Ellen G. Margolis, Summit Rovins & Feldesman, New York City, on the brief), for plaintiff-appellee-cross-appellant.
(Peter Tufo, Anita Fisher Barrett, Barry M. Schreibman, Brown & Wood, New York City, submitted an amicus curiae brief for Assn. of Towns of the State of N.Y., N.Y. State Conference of Mayors & Other Municipal Officers.)
Before FEINBERG, NEWMAN and GARTH, Circuit Judges.
United States Court of Appeals, Second Circuit.
JON O. NEWMAN, Circuit Judge:
This appeal concerns primarily the issue of whether an applicant for a building permit, subsequently ordered to be issued by a state court, had a sufficiently clear entitlement to the permit to constitute a property interest protected by the Due Process Clause. The issue arises on an appeal by the Village of Southampton, New York, and various Village officials, from a judgment of the District Court for the Eastern District of New York...
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