MAIR v. CITY OF ALBANY, NEW YORK

No. 02-CV-1016.

303 F.Supp.2d 237 (2004)

Aaron MAIR, as President of Arbor Hill Concerned Citizens Neighborhood Association, Plaintiff, v. CITY OF ALBANY, NEW YORK; Gerald Jennings, in his official capacity as Mayor of Albany; Department of Development and Planning; George Leveille, in his official capacity as Commissioner of the Department of Development and Planning; Albany Community Development Agency; and Joseph Montana, in his official capacity as Director of the Albany Community Development Agency, Defendants.

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

January 22, 2004.


Attorney(s) appearing for the Case

Natural Resources Defense Council, Inc. (Michelle B. Alvarez, Esq., Nancy S. Marks, Esq., Lawrence M. Levine, Esq., of Counsel), New York City, Marc S. Gerstman, Esq., Albany, NY, for Plaintiff.

Nixon Peabody LLP (Sheri L. Moreno, Esq., Frank L. Amoroso, Esq., Robert S. McEwan, Esq., of Counsel), Albany, NY, for Defendants.


MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff Aaron Mair ("plaintiff'), as President of the Arbor Hill Concerned Citizens Neighborhood Association ("Arbor Hill"), filed this second amended complaint against defendants, alleging various causes of action under the Toxic Substances Control Act ("TSCA"), 15 U.S.C. § 2601 et seq., under 42 U.S.C. § 1983, to enforce alleged...

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