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PENLYN DEVELOPMENT v. VILLAGE OF LLOYD HARBOR

No. CV-96-4555 (ADS).

51 F.Supp.2d 255 (1999)

PENLYN DEVELOPMENT CORP., Plaintiff, v. THE INCORPORATED VILLAGE OF LLOYD HARBOR, The Planing Board of the Village of Lloyd Harbor, and Duncan Elder, Gilbert Henoch, Dudley Keyes, Robert Maniello, and Joan Westphal, individually and in their present or former official capacities as Members of the Planning Board of the Incorporated Village of Lloyd Harbor, Defendants.

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

June 16, 1999.

Attorney(s) appearing for the Case

Lamb & Barnosky, LLP, Melville, NY, Joel M. Markowitz, of counsel, for Plaintiff.

Certilman, Balin, Adler & Hyman, LLP, East Meadow, NY, Neil H. Angel, of counsel, for Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

On September 16, 1996 the plaintiff, Penlyn Development Corporation ("Penlyn"), filed a complaint against the defendants, the Incorporated Village of Lloyd Harbor (the "Village"), and various Planing Board members of the Village (the "individual board members"), in their individual and official capacities (collectively, the "defendants"), alleging that they persistently and irrationally refused...

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