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LUCAS v. PLANNING BD. OF TOWN OF LaGRANGE

No. 98 Civ. 0862(CLB).

7 F.Supp.2d 310 (1998)

Dieter LUCAS, Dana Lucas, Glendon Fraser, James Bisceglia, Kristen Bisceglia, Joseph DiPalo, Norman Mackay, Robert Taft, Elizabeth Pierson, Neil Pierson, Alfred Hebert, John Bradbury, Judith Bradbury, and Dr. Susan Grenell, Plaintiffs, v. The PLANNING BOARD OF THE TOWN OF LAGRANGE, the Zoning Board of Appeals of the Town of LaGrange, Joachim S. Ansorge, Town of LaGrange Planner and Zoning Administrator and Samuel Schaffer, Town of LaGrange Building Inspector, Dutchess County Cellular Telephone Company, Inc. d/b/a/ Cellular One, Orange County — Poughkeepsie M.S.A. § Limited Partnership d/b/a/ Bell Atlantic Mobile, Defendants.

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

May 19, 1998.

Attorney(s) appearing for the Case

John Holden Adams, Corbally, Gartland & Rappleyea, Poughkeepsie, NY, for Plaintiffs.

Ronald Blass, Van DeWater and Van DeWater, Poughkeepsie, NY, for Town of LaGrange

Christopher Fisher, Cuddy & Feder & Worby, White Plains, NY, for Dutchess County Cellular One.

Gordon Lang, Nixon Hargrave Devans & Doyle, Washington, DC, for Orange County-Poughkeepsie.

MEMORANDUM & ORDER

BRIEANT, District Judge.

Presently before the Court for decision is (1) plaintiffs' motion for remand of this action to state court; (2) defendants' cross-motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6); and (3) defendants' oral cross-motion for a declaratory judgment to enjoin all present and future collateral attacks on the validity of a prior consent judgment entered by this Court. See Transcript and see

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