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BUFFALO SOUTHERN R.R. v. VILL. OF CROTON-ON HUDSON

No. 06 Civ. 3755(CM).

434 F.Supp.2d 241 (2006)

BUFFALO SOUTHERN RAILROAD INC., Plaintiff, v. VILLAGE OF CROTON-ON-HUDSON; Gregory J. Schmidt, as Mayor of the Village of Croton-on-Hudson; Daniel O'Connor, P.E., as Engineer and Building Inspector for the Village of Croton-on-Hudson; Richard F. Herbek, as Manager of the Village of Croton-on-Hudson; Thomas P. Brennan, as Trustee on the Village Board of Trustees; Charles A. Kane, as Trustee on the Village Board of Trustees; Ann Gallelli, as Trustee on the Village Board of Trustees; Leo A.W. Wiegman, as Trustee on the Village Board of Trustees; Chris Kehoe, as Member of the Village Planning Board; Vincent Andrews, as Member of the Village Planning Board; Frances Allen, as Member of the Village Planning Board; Robert Luntz, as Member of the Village Planning Board; Kathleen Reidy, as Member of Village Zoning Board of Appeals; Rhoda Stephens, as Member of Village Zoning Board of Appeals; Ruth Waitkins, as Member of Village Zoning Board of Appeals; Witt Barlow, as Member of Village Zoning Board of Appeals; and Paul Rolnick, as Member of Village Zoning Board of Appeals, Defendants.

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

June 12, 2006.

Attorney(s) appearing for the Case

John T. McManus, Crane, Parente, Cherubin & Murray, Albany, NY, for Plaintiff.

Michael B. Gerrard, Arnold & Porter, LLP, New York, NY, for Defendants.

DECISION AND ORDER GRANTING PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION

McMAHON, District Judge.

Introduction

Plaintiff is a common carrier by rail in western New York. In March 2006, it entered into a lease for the property located at 1A Croton Point Avenue in Croton-on-Hudson ("the Yard"). Plaintiffs stated intention is to use the site to expand its business to the Westchester area by converting it into a transloading facility (a site where...

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