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801 CONKLIN STREET LTD. v. TOWN OF BABYLON

No. 95-CV-3062(JS).

38 F.Supp.2d 228 (1999)

801 CONKLIN STREET LTD., a New York Corporation, d/b/a the Crystal Café, Plaintiff, v. The TOWN OF BABYLON, by and through the Town Board of the Town of Babylon, Defendant.

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

March 9, 1999.

Attorney(s) appearing for the Case

Daniel Patrick O'Brien, O'Brien & O'Brien, Newconset, NY, Luke Charles Lirot, Lirot Dolan, P.A., Tampa, FL, for plaintiff.

John J. Burke, Jr., Town Attorney, Andrew Brick, Assistant Town Attorney, Town of Babylon, Lindenhurst, NY, for defendant.

MEMORANDUM AND ORDER

SEYBERT, District Judge.

Pending before the Court are cross-motions for summary judgment in Plaintiff's constitutional challenge to Defendant's zoning ordinance.

PROCEDURAL BACKGROUND

Plaintiff 801 Conklin Street, Ltd., a New York Corporation doing business as the "Crystal Cafe" (hereinafter "Plaintiff" or "Crystal"), commenced this action against the Town of Babylon (hereinafter "Defendant" or the "Town"), seeking...

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