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T.S. HAULERS, INC. v. TOWN OF RIVERHEAD

No. 01 CV 4219(ADS)(MLO).

190 F.Supp.2d 455 (2002)

T.S. HAULERS, INC., Plaintiff, v. TOWN OF RIVERHEAD, James Lull, Individually and as Councilman for the Town of Riverhead, Philip Cardinale, Individually and as Councilman for the Town of Riverhead, Christopher Kent, Individually and as Councilman for the Town of Riverhead, Defendants.

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

March 26, 2002.

Attorney(s) appearing for the Case

Scheyer & Jellenick by Richard I. Scheyer, Smithtown, NY, William D. Wexler, North Babylon, NY, for Plaintiff.

Dawn C. Thomas, Town Attorney for the Town of Riverhead by Scott DeSimone, Deputy Town Attorney, Riverhead, NY, for Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This case arises out of claims by T.S. Haulers, Inc. ("T.S. Haulers" or the "plaintiff") that the Town of Riverhead (the "Town" or a "defendant"), Town Councilmen James Lull ("Lull" or a "defendant"), Philip Cardinale ("Cardinale" or a "defendant"), and Christopher Kent ("Kent" or a "defendant") (collectively, the "defendants") improperly denied it a special use permit to sand mine its property...

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