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ECOGEN, LCC v. TOWN OF ITALY

No. 06-CV-6196L.

461 F.Supp.2d 100 (2006)

ECOGEN, LLC, Plaintiff, v. TOWN OF ITALY, et al., Defendants.

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

November 14, 2006.

Attorney(s) appearing for the Case

Laurie Styka Bloom, Nixon Peabody LLP, Buffalo, NY, for Plaintiff.

Edward F. Premo, II, Megan K. Dorritie, Harter, Secrest and Emery, LLP, Rochester, NY, for Defendants.

DECISION AND ORDER

LARIMER, District Judge.

Plaintiff, Ecogen, LLC ("Ecogen"), commenced this action under 42 U.S.C. § 1983, seeking relief from a moratorium ("the Moratorium") enacted by the Town of Italy (N.Y.) Town Board ("the Board"), which, for the duration of the moratorium prohibited the "construction or erection of wind turbine towers, relay stations and/or other support facilities in the Town of Italy." On July 11, 2006, the Court issued...

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