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ROGERS v. CITY OF KINGSTON

No. 78 Civ. 586.

446 F.Supp. 229 (1978)

Charles ROGERS and Emma Rogers, Plaintiffs, v. CITY OF KINGSTON and County of Ulster and William G. Hayman, Individually and as Building Inspector of the City of Kingston, and Andrew Gilday as Corporation Counsel of the City of Kingston and Individually and Arresting Police Officers (two officers of City of Kingston), Individually and as agents of City of Kingston (names presently unknown), and members of Zoning Board of the City of Kingston (names presently unknown), and B. F. Dutto, Individually and as Ulster County Health Commissioner, Defendants.

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

March 10, 1978.

Attorney(s) appearing for the Case

Bogan & Lenoir, New York City, for plaintiffs; Kip Lenoir, New York City, of counsel.

Andrew J. Gilday, Corp. Counsel of the City of Kingston, William A. Kelly, County Atty. Ulster County, Kingston, N.Y., for defendants.

LASKER, District Judge.

Charles and Emma Rogers are residents of Kingston, New York, where they operate an establishment known as "Sandwich Craft." On December 5, 1977, they were arrested at their residence on allegations of having violated the zoning ordinance of the City of Kingston, by operating a restaurant of a type not permitted in the zoning district. They bring this civil rights suit claiming that the zoning ordinance is unconstitutional on its face and as...

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