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CLOVERLEAF REALTY OF NEW YORK v. TOWN OF WAWAYANDA

Docket No. 07-3405-cv.

572 F.3d 93 (2009)

CLOVERLEAF REALTY OF NEW YORK, INC. and Sunrise Park Realty, Plaintiffs-Appellants, v. TOWN OF WAWAYANDA and County of Orange, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 15, 2009.

Attorney(s) appearing for the Case

James G. Sweeney, Goshen, N.Y., for Appellants.

Richard J. Guertin, Middletown, N.Y., for Defendant-Appellee, Town of Wawayanda.

Maria Condoluci, Goshen, N.Y., for Defendant-Appellee, County of Orange (David L. Darwin, Orange County Attorney, on the brief).

Before: FEINBERG, LEVAL, and CABRANES Circuit Judges.

FEINBERG, Circuit Judge:

Plaintiffs Cloverleaf Realty of New York, Inc. and Sunrise Park Realty (collectively "Cloverleaf") appeal from an order of the United States District Court for the Southern District of New York (Charles L. Brieant, Judge) dismissing their complaint against defendants the Town of Wawayanda (the "Town") and the County of Orange (the "County"). We conclude that the district court erred in dismissing the...

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