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NICOLAKIS v. ROTELLA

24 A.D.3d 739 (2005)

806 N.Y.S.2d 700

EUGENIA NICOLAKIS, Appellant, v. PHILIP ROTELLA et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 27, 2005.

Ordered that the order is affirmed, with costs.

"In the land-use context, 42 USC § 1983 protects against municipal actions that violate a property owner's rights to due process, equal protection of the laws and just compensation for the taking of property under the Fifth and Fourteenth Amendments to the United States Constitution" (Bower Assoc. v. Town of Pleasant Val., 2 N.Y.3d 617, 626 [2004]; see Town of Orangetown...

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