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S&R DEVELOPMENT ESTATES, LLC v. BASS

No. 07 Civ. 11112(WCC).

588 F.Supp.2d 452 (2008)

S&R DEVELOPMENT ESTATES, LLC and John Doe Nos. 1 Through 75, Plaintiffs, v. Steven BASS, Eddie Mae Barnes, Paul Feiner, Diana Juettner and Francis Sheehan, Constituting the Town Board of the Town of Greenburgh, Westchester County, New York; Steven Belasco, Malcolm Baumgartner, Eve Bunting-Smith, Nicholas Decicco, Lawrence Doyle, Rohan Harrison and Daniel Rosenblum, Constituting the Zoning Board of Appeals of the Town of Greenburgh, Westchester County, New York; Mark Stellato, Commissioner of the Department of Community Development and Conservation of the Town of Greenburgh; and John and Jane Doe, Defendants.

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

September 26, 2008.

Attorney(s) appearing for the Case

Bleakley Platt & Schmidt, LLP, White Plains, NY (William P. Harrington, of Counsel), for Plaintiffs.

Landman Corsi Ballaine & Ford P.C., New York, NY (James M. Woolsey, III, Jerry A. Cuomo, of Counsel),for Defendants.

OPINION AND ORDER

CONNER, Senior District Judge.

Plaintiffs, S & R Development Estates, LLC ("S & R") and John Doe Nos. 1 though 75 ("Doe plaintiffs"), bring this action under 42 U.S.C. § 1983 against defendants, Steven Bass ("Bass"), Eddie Mae Barnes ("Barnes"), Paul Feiner ("Feiner"), Diana Juettner ("Juettner") and Francis Sheehan ("Sheehan") (collectively the "Town Board defendants"...

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