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BRADLEY INDUS. PARK v. COMMISSIONER OF EDUC.

No. 95-CV-860.

915 F.Supp. 543 (1996)

In the Matter of the Application of BRADLEY INDUSTRIAL PARK, Dayho Motel Corp., FADB Realty Corp., Piermont Landing Property Owners Assoc., Inc., Tappan Property, Inc., Vincent Hosang, Peter Graziano, Michalina Carbone, Nice-Pak Products, Inc., and Others, Plaintiff-Petitioners, v. The COMMISSIONER OF EDUCATION, Dr. A. Glen Everhart, Dr. Morton Sherman, South Orangetown Central School District, Dr. William Heebink, Clarkstown Central School District, Defendant-Respondents.

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

February 20, 1996.

Attorney(s) appearing for the Case

Office of Donald Brenner, Tappan, New York (Donald Brenner, of counsel), for Plaintiff.

O'Connell, Riley Law Firm, Pearl River, New York (Thomas F. O'Connell, of counsel), for Defendant Everhart.

Office of Raymond Kuntz, Bedford Village, New York (Raymond G. Kuntz, of counsel), for Defendants Sherman, South Orangetown Central, Heebink, and Clarkstown Central.

MEMORANDUM-DECISION and ORDER

McAVOY, Chief Judge.

I. BACKGROUND

Plaintiffs, a coalition of "non-homestead real property owners," allege that defendants either instituted or approved a school district boundary change whereby plaintiffs' properties would be transferred from the South Orangetown Central School District to the Clarkstown Central School District. Plaintiffs claim that this action is illegal because it is not...

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