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TOMLINS v. VILLAGE OF WAPPINGER FALLS ZONING BD.

No. 08-CV-9813 (CS).

812 F.Supp.2d 357 (2011)

Barbara TOMLINS, Plaintiff, v. VILLAGE OF WAPPINGER FALLS ZONING BOARD OF APPEALS, and John F. Fenton, individually, Defendants.

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

July 8, 2011.

Attorney(s) appearing for the Case

Michael H. Sussman , Sussman & Watkins, Goshen, NY, for Plaintiff.

Michael J. Murphy , Luke C. Davignon , Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., Albany, NY, for Defendants.

OPINION AND ORDER

SEIBEL, District Judge.

Before the Court is Defendants' Motion for Summary Judgment. (Doc. 27.)

I. BACKGROUND

The following facts are undisputed except where noted. Plaintiff Barbara Tomlins owns a house in the Village of Wappingers Falls (the "Village"), in Dutchess County, New York,1 (Defs.' 56.1 ¶ 1; Pl.'s 56.1 ¶ 1),2 in which for many years she resided...

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