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KNAUST v. CITY OF KINGSTON

No. 1:96-CV-601.

193 F.Supp.2d 536 (2002)

Mark KNAUST, Barbara Knaust and Herman Karl Knaust, II, Plaintiffs, v. THE CITY OF KINGSTON; the City of Kingston Planning Board; the City of Kingston Local Development Corporation; and the United States Department of Commerce, for and through the Economic Development Administration, Wilbur F. Hawkins, Deputy Assistant Secretary for Economic Development, Defendants.

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

March 26, 2002.

Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, P.C., Albany, NY (John J. Privitera, of counsel), for plaintiffs.

Young, Sommer, Ward, Ritzenberg, Wooley, Baker & Moore, LLC, Albany, NY (Michael J. Moore, of counsel), for Defendants.

MEMORANDUM-DECISION AND ORDER

SCULLIN, Chief Judge.

I. INTRODUCTION

Plaintiffs commenced this action pursuant to 42 U.S.C. § 1983, seeking injunctive relief and compensatory damages for an alleged taking of their real property as a result of the operations of the adjacent City of Kingston Business Park in Kingston, New York ("Business Park"), in violation of the Fifth and Fourteenth Amendments to the United States Constitution.

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