BOWER ASSOCIATES, Appellant,
v.
TOWN OF PLEASANT VALLEY et al., Respondents.
HOME DEPOT, U.S.A., INC., Appellant,
v.
EDWARD B. DUNN, Individually and as Mayor of the City of Rye, et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 31, 2004.
Decided May 13, 2004.
Attorney(s) appearing for the Case
Tuczinski, Cavalier, Burstein & Collura, P.C., Albany (Andrew W. Gilchrist and Alison M. Coan of counsel), for appellant in the first above-entitled action.
Ahmuty, Demers & McManus, Albertson (Brendan T. Fitzpatrick and Kevin G. McMorrow of counsel), for respondents in the first above-entitled action.
Collier, Halpern, Newberg, Nolletti & Bock, LLP, White Plains (Philip M. Halpern and William A. Walsh of counsel), for appellant in the second above-entitled action.
Bleakley, Platt & Schmidt, LLP, White Plains (William P. Harrington and Susan A. Galvo of counsel), for Edward B. Dunn, respondent in the second above-entitled action.
Thacher Proffitt & Wood LLP, White Plains (Robert Hermann of counsel), for James K. Burke and others, respondents in the second above-entitled action.
Finger & Finger, White Plains (Kenneth J. Finger and Dorothy M. Finger of counsel), for The Building and Realty Institute of Westchester & The Mid-Hudson Region (BRI), amicus curiae in the second above-entitled action.
J. Wade Beltramo, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae in the second above-entitled action.
Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur; Judge R.S. Smith taking no part.
Court of Appeals of the State of New York.
OPINION OF THE COURT
Chief Judge KAYE.
In the two appeals before us, appellants claim they were deprived of civil rights protected by the United States Constitution when the municipal defendants wrongfully refused consent to land-use permit applications. Although the projects ultimately proceeded to completion, appellants seek damages under 42 USC § 1983 for the delays occasioned by the wrongdoing. We...
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