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BRODY v. VILLAGE OF PORT CHESTER

Docket No. 01-7201.

261 F.3d 288 (2001)

William Brody, Plaintiff-Appellee, v. Village of Port Chester, Defendant-Appellant.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: August 8, 2001.

Attorney(s) appearing for the Case

Alan D. Scheinkman (Darryll A. Buford and J. William Cook, on the briefs), Epstein, Becker & Green, P.C., New York, NY, for Defendant-Appellant.

Dana Berliner, Institute for Justice, Washington, DC, (William H. Mellor and Marni Soupcoff, Institute for Justice, Washington, DC, Martin S. Kaufman, Atlantic Legal Foundation, New York, NY, on the briefs), for Plaintiff-Appellee.

Before MINER and LEVAL, Circuit Judges, and RAKOFF, District Judge.

RAKOFF, District Judge:

The Village of Port Chester, New York, appeals a preliminary injunction enjoining it from proceeding further with condemnation of real property owned by plaintiff-appellee William Brody. Concluding that the district court abused its discretion, we vacate the injunction and remand for further proceedings.

Since at least 1991, the Village has been planning the redevelopment of its blighted waterfront and downtown area. As part of this...

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