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CINE SK8, INC. v. TOWN OF HENRIETTA

Docket No. 06-1718-cv.

507 F.3d 778 (2007)

CINE SK8, INC., Doing Business as Fun Quest, Douglas J. Lustig, as Trustee and Ross Catalano, Plaintiffs-Appellants, v. TOWN OF HENRIETTA, James R. Breese, Individually and as Supervisor of the Town of Henrietta and Chris Roth, Individually and as town of Henrietta Fire Marshall, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 8, 2007.

Attorney(s) appearing for the Case

Jeffrey Wicks, Law Office of Jeffrey Wicks, Rochester, NY, for Plaintiffs-Appellants.

Anthony M. Sortino, Gallo & Iacovangelo, LLP, Rochester, NY, for Defendants-Appellees.

Before: FEINBERG, CALABRESI, and WESLEY, Circuit Judges.

CALABRESI, Circuit Judge:

Plaintiff Cine SK8, doing business as Fun Quest, received from defendant Town of Henrietta, New York, a special use permit to operate a dance club for teenagers at a recreation center it planned to open on the site of a former retail store. After an overcrowding incident at the recreation center, the Henrietta Town Board amended the permit to prevent Fun Quest from holding dances for teenagers. Plaintiffs filed suit alleging, inter alia,...

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