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COUNTRY VIEW ESTATES @ RIDGE v. TOWN OF BROOKHAVEN

No. CV-04-4901(BMC)(MLO).

452 F.Supp.2d 142 (2006)

COUNTRY VIEW ESTATES @ RIDGE LLC, Plaintiff, v. TOWN OF BROOKHAVEN; Building Department of the Town of Brookhaven; Daniel Gulizio Individually and as commissioner of the Department of Planning, Environment and Development of the Town of Brookhaven; Department of Planning, Environment and Development, of the Town of Brookhaven; Robert T. Reilly, Chairman; Karen M. Wilutis; Robert L. Hughes; Donald W. Leo; Peter Cris; Stephen E. Keegan; M. Cecile Forte, constituting the Planning Board of the Town of Brookhaven; New York State Builders Association, Defendants.

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

September 25, 2006.

Attorney(s) appearing for the Case

Richard I. Scheyer, Scheyer & Jellenik, Nesconset, NY, for Plaintiff.

Paul F. Millus, Snitow, Kanfer, Holtzer & Millus, LLP, New York, NY, Kimberely C. Lawrence, Hinman Straub, P.C., Albany, NY, for Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT

COGAN, District Judge.

Plaintiff Country View Estates @ Ridge LLC sues the Town of Brookhaven and other defendants for (1) deprivation of its procedural and substantive due process rights pursuant to the Fourteenth Amendment; (2) violation of its right to equal protection pursuant to the Fourteenth Amendment; (3) violation of its civil rights pursuant to 42 U.S.C. § 1983; (4) violation...

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