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LATRIESTE RESTAURANT v. VILLAGE OF PORT CHESTER

Nos. 98-7233 (L), 98-9073(XAP).

188 F.3d 65 (1999)

LATRIESTE RESTAURANT, Restaurant and Cabaret Inc., doing business as The Diamond Club and The Diamond Club, Plaintiffs-Appellees-Cross-Appellants, Domenick Tamarro, James Savage, Christine Korff, Michael Antaki, Thomas Ceruzzi, Janusz Richards, Zoning Board of the Village of Port Chester, and George O'Hanlon, Defendants, v. VILLAGE OF PORT CHESTER, John Branca, Anthony Fontana, John Belfatto and Carl Verrastro, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 11, 1999.

Attorney(s) appearing for the Case

Gerald Padian, Tashjian & Padian, New York, NY, for Plaintiffs-Appellees-Cross-Appellants.

Gregg D. Minkin, Joseph A. Maria, P.C., White Plains, NY (George O'Hanlon, Port Chester, NY, of counsel), for Defendants-Appellants-Cross Appellees.

Before: McLAUGHLIN, LEVAL and MICHEL, Circuit Judges.

McLAUGHLIN, Circuit Judge:

BACKGROUND

LaTrieste operates the "Diamond Club," a topless bar in the Village. Although the Diamond Club is located in a zone where live entertainment is prohibited, the site actually occupied by the Diamond Club is exempt from this restriction as a result of a use variance. Under the terms of the variance, live music, dancing, and other cabaret entertainment are permitted only after 10:00 p.m. This time limitation is the crux...

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