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RUSTON v. TOWN BD. FOR TOWN OF SKANEATELES

Docket No. 09-4480-cv.

610 F.3d 55 (2010)

Lawrence RUSTON, Janet Ruston, Plaintiffs-Appellants, v. The TOWN BOARD FOR the TOWN OF SKANEATELES, Paul "Bill" Pavlus, Thaddeus Astemborski, Barbara Spain, David G. Laxton, Theodore Murdick, The Planning Board for the Town of Skaneateles, Mark Tucker, Joseph Southern, Kenneth Jones, Alan Briggs, Lewis Wellington, Dessa Bergen, Robert Lotkowictz, The Village of Skaneateles, Defendants-Appellees, John Doe, Jane Doe 1-20, Defendants.

United States Court of Appeals, Second Circuit.

Decided: July 8, 2010.

Attorney(s) appearing for the Case

J. David MacCartney, Jr., Esq. (Dennis E.A. Lynch, Esq., on the brief), Feerick Lynch MacCartney PLLC, South Nyack, NY, for Plaintiffs-Appellants.

Terry Rice, Rice & Amon, Suffern, NY, for Defendant-Appellee Village of Skaneateles; Frank W. Miller, Esq., Law Firm of Frank Miller, East Syracuse, NY, for Defendants-Appellees Town Board for the Town of Skaneateles, Town Planning Board, and individual Town Defendants.

Before JACOBS, Chief Judge, McLAUGHLIN and SACK, Circuit Judges.

DENNIS JACOBS, Chief Judge:

Plaintiffs-appellants Lawrence and Janet Ruston ("the Rustons") allege a "class of one" equal protection claim against local authorities that denied applications for a subdivision and additional sewer hookups for plaintiffs' lot fronting Lake Skaneateles.

I

The Rustons own a 27-acre lakefront lot within the Town of Skaneateles ("Town"), but outside of the Village of Skaneateles...

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