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KABROVSKI v. CITY OF ROCHESTER, NEW YORK

15-CV-6030 CJS.

149 F.Supp.3d 413 (2015)

John KABROVSKI and Michelle McQuay, Plaintiffs, v. CITY OF ROCHESTER, NEW YORK, Heidi Zimmer-Meyer, Eugenio Marlin, David L. Watson, Steven B. Rebholz, Helen B. Hogan, City of Rochester Planning Commission, Defendants.

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

Signed December 3, 2015.

Attorney(s) appearing for the Case

R. Brian Goewey, Esq. , 45 Exchange Boulevard, Suite 716, Rochester, New York 14614, for Plaintiffs.

John M. Campolieto, Esq. , City of Rochester Law Department, City Hall, Room 400-A, 30 Church Street, Rochester, New York 14614-1295, for Defendants.

DECISION AND ORDER

INTRODUCTION

Plaintiffs, who operate a restaurant in the City of Rochester, commenced this action pursuant to 42 U.S.C. § 1983 after the defendant City of Rochester Planning Commission restricted their ability to

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