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WWBITV, INC. v. VILLAGE OF ROUSES POINT

Docket No. 08-5112-cv.

589 F.3d 46 (2009)

WWBITV, INC., Susan Clarke, and Gary Clarke, Plaintiffs-Appellants, v. The VILLAGE OF ROUSES POINT, George Rivers, in his official capacity and in his individual capacity, Michael Tetreault, Jr., in his official capacity and in his individual capacity, and Brian Pelkey, in his official capacity and in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 9, 2009.

Attorney(s) appearing for the Case

Mark Schneider, Plattsburgh, NY, for Plaintiffs-Appellants.

Thomas W. Plimpton, Stafford, Owens, Piller, Murnane & Trombley, PLLC, Plattsburgh, NY, for Defendants-Appellees the Village of Rouses Point, George Rivers and Michael Tetreault, Jr.

Steven C. Shahan, Taddeo & Shahan, LLP, Syracuse, NY, for Defendant-Appellee Brian Pelkey.

Before: MINER, KATZMANN, and LYNCH, Circuit Judges.

GERARD E. LYNCH, Circuit Judge:

On June 6, 2006, an old hotel located in the Village of Rouses Point, New York, was badly damaged in a fire. The next morning, a team of contractors, acting under the direction of the Village's Board of Trustees, demolished most of what remained of the damaged building. Plaintiffs-appellants WWBITV, Inc., which owned the building, Susan Clarke, who owned WWBITV, and Susan Clarke's husband Gary...

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