CHARETTE v. TOWN OF OYSTER BAY

Docket No. 98-7140.

159 F.3d 749 (1998)

Dennis CHARETTE Plaintiff-Appellant, v. TOWN OF OYSTER BAY, Louis J. Yevoli, individually, and as Town Supervisor; Alan Landman, individually, and as Building Superintendent, Department of Planning and Development; Patricia L. McGuire, individually, and as Commissioner of Department of Planning and Development; and Anthony Costanza, individually and as Zoning Inspector of the Department of Planning and Development, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 29, 1998.


Attorney(s) appearing for the Case

Herald Price Fahringer, New York, New York (Ralph J. Schwarz, Jr., Richard S. Brown, Jr., New York, New York, on the brief), for Plaintiff-Appellant.

Perry S. Reich, Lindenhurst, New York, (Steven M. Schapiro, Schapiro & Reich, Lindenhurst, New York, on the brief), for Defendants-Appellees.

Before: FEINBERG and KEARSE, Circuit Judges, and CASEY, District Judge.


KEARSE, Circuit Judge:

Plaintiff Dennis Charette appeals from an order of the United States District Court for the Eastern District of New York, Leonard D. Wexler, Judge, denying his motion for a preliminary injunction prohibiting defendants Town of Oyster Bay ("Oyster Bay" or the "Town") et al. from enforcing a Town zoning requirement that he obtain a permit for the operation of a topless bar, allegedly in violation of his rights under the First Amendment...

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