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CHARETTE v. TOWN OF OYSTER BAY

No. CV 97-5737.

94 F.Supp.2d 357 (2000)

Dennis CHARETTE, Plaintiff, v. TOWN OF OYSTER BAY, Louis J. Yevoli, individually, and as Town Supervisor, Alan Landman, individually, and as Building Superintendent, Department of Planning and Buildings, and Patricia L. McGuire, individually, and as Commissioner of Department of Planning and Development, and Anthony Costanza, individually, and as Zoning Inspector of the Department of Planning and Development, Defendants.

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

May 3, 2000.

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, by Herald Price Fahringer and Erica T. Dubno, New York City, for plaintiff.

Schapiro & Reich, by Steven M. Schapiro, Lindenhurst, NY, for defendants.

MEMORANDUM AND ORDER

WEXLER, District Judge.

Plaintiff Dennis Charette brought this action and sought a preliminary injunction prohibiting defendants Town of Oyster Bay (the "Town") and various Town officials from enforcing a Town zoning ordinance requiring that he obtain a special use permit for the operation of an establishment called the Raven's Nest, which provided nude/topless dancers, allegedly in violation of his First Amendments rights. After...

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