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DITTMER v. COUNTY OF SUFFOLK

No. 96 CV 2206 (TCP).

975 F.Supp. 440 (1997)

Henry DITTMER, et al., Plaintiffs, v. COUNTY OF SUFFOLK, Town of Riverhead, Town of Southampton, Town of Brookhaven, Central Pine Barrens Joint Planning and Policy Commission, Robert J. Geffney, Ray E. Cowen, Vincent Connuscio, Felix Grucci, and James Stack, Defendants.

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

August 3, 1997.

Attorney(s) appearing for the Case

John J. O'Connell, Solomon, Zauderer, Ellenhorn, Frischer & Sharp, New York City, for Plaintiffs.

John J. Sipos, State of New York Office of Attorney General, Assistant Attorney General, New York State Department of Law, Albany, NY, for Defendants.

MEMORANDUM AND ORDER

PLATT, District Judge.

Defendants move to dismiss the above-captioned action pursuant to Federal Rule of Civil Procedure 12(b)(1) on the basis of the abstention doctrine. Defendants also move to dismiss plaintiffs' due process, equal protection, takings, and 42 U.S.C. § 1983 claims pursuant to Rule 12(b)(6) for failure to state a claim upon which relief may be granted.

BACKGROUND

Plaintiffs' Second...

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