WESTCHESTER DAY SCHOOL, Plaintiff-Appellee,
v.
VILLAGE OF MAMARONECK, The Board of Appeals of the Village of Mamaroneck, Mauro Gabriele, In his official capacity as member of the Board of Appeals of the Village of Mamaroneck, George Mgrditchian, In his official capacity as member of the Board of Appeals of the Village of Mamaroneck, Peter Jackson, In his official capacity as member of the Board of Appeals of the Village of Mamaroneck, Barry Weprin, In his official capacity as member of the Board of Appeals of the Village of Mamaroneck, Clark Neuringer, In his official capacity as member of the Board of Appeals of the Village of Mamaroneck and Antonio Vozza, In his official capacity as a former member of the Board of Appeals of the Village of Mamaroneck, Defendants-Appellants,
United States of America, Intervenor-Defendant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued December 1, 2006.
Decided October 17, 2007.
Attorney(s) appearing for the Case
Joel C. Haims, Morrison & Foerster LLP, New York, N.Y. (Jack C. Auspitz, Morrison & Foerster LLP, New York, NY; Stanley D. Bernstein, Bernstein Liebhard & Lifshitz, LLP, New York, NY, of counsel), for Plaintiff-Appellee.
Kevin J. Plunkett, White Plains, New York (Robert Hermann, Darius P. Chafizadeh, Thacher Proffitt & Wood LLP, White Plains, NY; Joseph C. Messina, Lisa M. Fantino, Law Office of Joseph C. Messina, Mamaroneck, NY, of counsel), for Defendants-Appellants.
Sarah E. Light, Assistant United States Attorney, New York, N.Y. (Michael J. Garcia, United States Attorney, Sara L. Shudofsky, Assistant United States Attorney, Southern District of New York, New York, NY; Wan J. Kim, Assistant Attorney General, David K. Flynn, Eric W. Treene, Sarah E. Harrington, U.S. Department of Justice, Civil Rights Division, Appellate Section, Washington, D.C., of counsel), for Intervenor-Defendant and Amicus Curiae the United States of America.
Derek L. Gaubatz, Washington, D.C. (Anthony R. Picarello, Jr., Lori E. Halstead, The Becket Fund for Religious Liberty, Washington, D.C., of counsel), filed a brief on behalf of the Becket Fund for Religious Liberty, the Association of Christian Schools International, and the Council for Christian Colleges and Universities as Amici Curiae.
Before: CARDAMONE, and RAGGI, Circuit Judges, and BERMAN, District Judge.
United States Court of Appeals, Second Circuit.
CARDAMONE, Circuit Judge:
The appeal before us is from a judgment entered March 3, 2006 in the United States District Court for the Southern District of New York (Conner, J.) that ordered the defendant Village of Mamaroneck to issue a permit to plaintiff Westchester Day School to proceed with the expansion of its facilities. For nearly 60 years Westchester Day School (plaintiff, WDS, day school, or school) has been operating...
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