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RIVERVALE REALTY v. TOWN OF ORANGETOWN, N.Y.

No. 89 Civ. 2306 (VLB).

816 F.Supp. 937 (1993)

RIVERVALE REALTY CO., INC., Plaintiff, v. The TOWN OF ORANGETOWN, NEW YORK, a municipal corporation; Joseph Colello, Charles McLiverty, Cornelius O'Sullivan, Roger Pellegrini and Thomas Swift, individually and in their respective official capacities as members of the Town Board of the Town of Orangetown; and John A. Rocco, Barry W. Conroy, Jr., Gus Keramidas, Anthony Kressevich, Jr., and Mary Ann Gavioli, individually and in their respective official capacities as the Planning Board of the Town of Orangetown, Defendants.

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

March 29, 1993.

Attorney(s) appearing for the Case

John S. Kinzey, LeBoeuf, Lamb, Leiby & MacRae, New York City, for plaintiff.

Vincent R. Fontana, Wilson, Elser, Moskowitz, Edelman & Dicker, New York City, for defendants.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

This case involves claims by a real estate development company challenging, on various bases, the constitutionality of a local zoning ordinance. Plaintiff has invoked 42 U.S.C. § 1983.

In summary, a local law applicable to property owned by plaintiff Rivervale Realty Co., Inc. ("Rivervale") and other property owners substituted requirements of two-acre zoning

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