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SPIEGEL v. ADIRONDACK PARK AGENCY

No. 06-cv-203 (WKS/DRH).

662 F.Supp.2d 243 (2009)

Arthur and Margaret SPIEGEL, Plaintiffs, v. ADIRONDACK PARK AGENCY; Mark Sengenberger, in his official capacity as Acting Executive Director of the Adirondack Park Agency; Richard Lefebvre, in his official capacity as Executive Director of the Adirondack Park Agency; and Paul Van Cott, in his official capacity as Enforcement Officer for the Adirondack Park Agency, Defendants.

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

September 18, 2009.

Attorney(s) appearing for the Case

John J. Privitera, Jacob F. Lamme, McNamee, Lochner Law Firm, William A. Hurst, Hiscock, Barclay Law Firm, Albany, NY, for Plaintiffs.

Susan Lee Taylor, Office of the Attorney General, Albany, NY, for Defendants.

OPINION and ORDER

WILLIAM K. SESSIONS III1, District Judge.

Plaintiffs Arthur and Margaret Spiegel allege that the Adirondack Park Agency ("Agency"), its executive director, acting executive director and enforcement officer have engaged in selective enforcement with regard to Agency Permit No. 87-28, which imposes restrictions and conditions on lots in the Fawn Ridge subdivision in the town of North Elba ("Town"), near Lake Placid...

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