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ELIAS v. TOWN OF BROOKHAVEN

No. 89 CV 1424.

783 F.Supp. 758 (1992)

Martin ELIAS, Plaintiff, v. The TOWN OF BROOKHAVEN, the Planning Board of the Town of Brookhaven, and the Town Board of the Town of Brookhaven, as constituted by its members, Defendants.

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

January 9, 1992.

Attorney(s) appearing for the Case

Bernard L. Burton, Melville, N.Y., for plaintiff.

David P. Fishbein, Town Atty., Town of Brookhaven, Medford, N.Y., for defendants.

Snitow & Pauley (William H. Pauley, III, Charles D. Cunningham, Mark M. Holtzer, of counsel), New York, N.Y., Special Counsel for defendants.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

The basic facts of this case appear in this court's Memorandum and Order dated January 11, 1991, familiarity with which is assumed. Plaintiff Elias filed suit against the Town of Brookhaven and its Planning Board and Town Board, seeking to restrain enforcement of a zoning ordinance passed by the town. Before adoption of the ordinance, Elias's property was zoned for commercial use. He alleges he bought an 18...

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