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WALZ v. TOWN OF SMITHTOWN

No. 1996, Docket 94-7268.

46 F.3d 162 (1995)

Robert WALZ, Lana Sue Walz, and Robert Walz, Jr., Plaintiffs-Appellees, v. TOWN OF SMITHTOWN and James Dowling, personally and as Superintendent of Highways of the Town of Smithtown, Defendants-Appellants, Suffolk County Water Authority, Defendant.

United States Court of Appeals, Second Circuit.

Decided January 24, 1995.

Attorney(s) appearing for the Case

L. Kevin Sheridan, Smithtown, NY (Thomas J. Spellman, Jr., Devitt & Spellman, Smithtown, NY, of counsel), for defendants-appellants.

William D. Wexler, North Babylon, NY (Kevin Snover, of counsel), for plaintiffs-appellees.

Before: WINTER and LEVAL, Circuit Judges, and SKRETNY, District Judge.

WINTER, Circuit Judge:

The Town of Smithtown ("Smithtown") and James Dowling, the town's Superintendent of Highways, appeal from an adverse jury verdict awarding damages for violating the substantive due process rights of Robert Walz, Lana Sue Walz, and Robert Walz, Jr. (the "Walzes"). The Walzes were denied access to public water supply when Dowling refused to issue a permit allowing the county water authority to excavate a public street in order to connect the Walzes...

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