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RILEY v. TOWN OF BETHLEHEM

No. 97-CV-1788.

44 F.Supp.2d 451 (1999)

Carole H. RILEY, Plaintiff, v. The TOWN OF BETHLEHEM; Board of Appeals of the Town of Bethlehem; Sheila Fuller, Town Supervisor; John H. Flanigan, Individually and In His Capacity as Town Building Inspector for the Town of Bethlehem; Michael Hodom; Robert Wiggand; Richard Lewis, James Morgan, Marjory O'Brien, Individually and In Their Capacities as Members of the Board of Appeals of the Town of Bethlehem; and Dixon Welt, Attorney for the Board of Appeals of the Town of Bethlehem, Defendants.

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

March 30, 1999.

Attorney(s) appearing for the Case

Law Offices of Peter M. Pryor, Albany, New York, for plaintiff; Peter M. Pryor, of counsel.

Maynard, O'Connor, Smith & Catalinotto, L.L.P., Albany, New York, for defendants; Jeffrey E. Hurd, of counsel.

Galvin & Morgan, Delmar, New York, for defendants Marjory O'Brien, and James E. Morgan in their individual capacities; Madeline Sheila Galvin, of counsel.

MEMORANDUM — DECISION & ORDER

McAVOY, Chief Judge.

This action has its genesis in the enforcement of a zoning code against plaintiff. The gravamen of the Complaint is that defendants selectively enforced the zoning code against plaintiff because of her race. Plaintiff brings claims, inter alia, that defendants violated her constitutional rights to procedural due process, substantive due process, and equal protection.

Defendants now move...

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