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PLEUNE v. PIERCE

No. 87 CV 2736.

697 F.Supp. 113 (1988)

Joan PLEUNE, Vernice Akpan, Elva Jiminez, Ruth Young, Alice Evans, Edith Brown and 467 Pacific Street Tenants' Association, Plaintiffs, v. Samuel R. PIERCE, Jr., individually and in his capacity as Secretary of the United States Department of Housing and Urban Development; Joseph D. Monticciolo, individually and in his capacity as Regional Administrator of Region II of the United States Department of Housing and Urban Development; Edward I. Koch, individually and in his capacity as Mayor of the City of New York; Roger Altman, individually and in his capacity as the Chairman of the New York City Public Development Corporation; Paul A. Crotty, individually and in his capacity as the Commissioner of the New York City Department of Housing Preservation and Development; and Rose Associates, Defendants.

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

September 12, 1988.

Attorney(s) appearing for the Case

Brooklyn Legal Services, Brooklyn, N.Y. (John C. Gray, Roger Juan Maldonado, Jane Greenwald Stevens, Raun J. Rasmussen and Russell Engler, Brooklyn, N.Y., of counsel), for plaintiffs.

Peter L. Zimroth, Corp. Counsel (Jeffrey Shanback and Terri S. Feinstein, New York City, of counsel), for defendants Koch, Altman and Crotty.

Kaye, Scholer, Fierman, Hays and Handler (Richard Seltzer and Stan Alpert, New York City, of counsel), for defendant Rose Associates.

Rudolph W. Giuliani, U.S. Atty., S.D.N.Y. (Susan P. Johnston, Asst. U.S. Atty., New York City, of counsel), for defendants Pierce and Monticciolo.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

Defendants move pursuant to Fed.R.Civ. P. 12(b)(1) and 12(b)(6) for an order dismissing the Complaint. For the reasons discussed below, the motion is granted in part and denied in part.

FACTS

At the heart of this controversy is the fate of the proposed Atlantic Terminal Project ("the Project"). The Project proposes to develop twenty-four acres, near the intersection of Flatbush and Atlantic...

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