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BAINES v. MASIELLO

No. 02-CV-0607C(HBS).

288 F.Supp.2d 376 (2003)

Rev. Robert E. BAINES, David Riveria, Ramona Taylor, Felicita Roche, and Beverly A. Gray, each as Individuals, Electors and Residents of the City of Buffalo, Plaintiffs, v. Anthony M. MASIELLO, as Mayor of the City of Buffalo, in his Official Capacity, the City of Buffalo, a State Chartered Municipal Corporation, the Common Council of the City of Buffalo, a State Chartered Local Legislative Body, and Charles L. Michaux, III, as Clerk of the City of Buffalo, in his Official Capacity, Defendants.

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

October 6, 2003.

Attorney(s) appearing for the Case

Venita A. Parker, Esq., Amherst, NY (Kenneth Nixon, of Counsel), Attorney for Plaintiffs.

City of Buffalo Department of Law (David R. Hayes, Esq., Assistant Corporation Counsel, of Counsel), Buffalo, NY, Attorney for Defendants.

CURTIN, District Judge.

Defendants move to dismiss the complaint pursuant to Rule 12(b)(6), or alternatively for summary judgment pursuant to Rule 56, of the Federal Rules of Civil Procedure (Item 76). Oral argument was heard by the court on September 5, 2003. For the following reasons, defendants' motion is granted.

BACKGROUND

This action challenges the City of Buffalo's enactment in 2002 of Local Law No. 8, reducing the size of the City...

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