ALFANO v. VILLAGE OF FARMINGDALE

No. 09-cv-1996 (ADS)(ARL)

693 F.Supp.2d 231 (2010)

Jeff ALFANO and Kelley Hicks-Alfano, Plaintiffs, v. VILLAGE OF FARMINGDALE; George J. Graf, Individually and in his capacity as Mayor; the Farmingdale Village Board; Patricia A. Christiansen, Thomas A. Langon, and George Starkie, Individually and in their Capacities as Trustees of the Village of Farmingdale; Kevin Walsh, Esq., Individually and in his capacity as Village Attorney; Zoning Board of Appeals of the Village of Farmingdale; Joseph Schweitzer, individually and in his capacity as Chairman of the Zoning Board of Appeals; David Nostrad, Individually and in his Capacity as Member of the Zoning Board of Appeals; Nicholas Varlotta, Individually and in his Capacity as Member of the Zoning Board of Appeals; Lisa Waszkiewics, Individually and in his Capacity as Member of the Zoning Board of Appeals; Kenneth Amisa, Individually and in his Capacity as Member of the Zoning Board of Appeals; and Claudio DeBellis, Individually and in his Capacity as Counsel to the Zoning Board of Appeals; John and Jane Doe 1-10, Individually and in their Capacities as Employees, Agents and/or Assigns of the Village of Farmingdale, Defendants.

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

March 12, 2010.


Attorney(s) appearing for the Case

The Coalition of Landlords, Homeowners & Merchants, Inc., by Judith N. Berger, Esq., of Counsel, Babylon, NY, Formerly the attorneys for the plaintiffs on this motion; plaintiffs now appear pro se.

Walsh, Markus, McDougal & DeBellis LLP, by Paul R. McDougal, Esq., of Counsel, Claudio De Bellis, Esq., appearing pro se, Garden City, NY, for the defendant Claudio DeBellis.

Morris Duffy Alonso & Faley, LLP, by Carl S. Sandel, Esq., of Counsel, New York, NY, for all defendants except Claudio DeBellis.


MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This case arises from a building moratorium and change in zoning laws enacted by defendant Incorporated Village of Farmingdale ("Farmingdale") limiting the rights of landowners to subdivide residential property and construct additional homes. The plaintiffs Jeff Alfano and Kelley Hicks-Alfano are Farmingdale residents who were allegedly affected by these changes, and who brought suit seeking monetary...

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