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49 EAST MAPLE AVENUE, INC. v. LONIEWSKI

50 A.D.3d 628 (2008)

854 N.Y.S.2d 757

49 EAST MAPLE AVENUE, INC., et al., Appellants, v. JOHN P. LONIEWSKI et al., Respondents.

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

Decided April 1, 2008.

Ordered that the order is affirmed, with costs.

The Court of Appeals has observed that "`42 USC § 1983 is not simply an additional vehicle for judicial review of land-use determinations'" (Bower Assoc. v Town of Pleasant Val., 2 N.Y.3d 617, 627 [2004], quoting Bower Assoc. v Town of Pleasant Val., 304 A.D.2d 259, 263 [2003]). The "denial of a permit—even an arbitrary...

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