ROMAN CATHOLIC DIOCESE OF ROCKVILLE CENTRE, NEW YORK v. INCORPORATED VILLAGE OF OLDWESTBURY

No. 09 CV 5195 (DRH) (ETB).

THE ROMAN CATHOLIC DIOCESE OF ROCKVILLE CENTRE, NEW YORK, Plaintiff, v. THE INCORPORATED VILLAGE OF OLD WESTBURY, THE BOARD OF TRUSTEES OF THE INCORPORATED VILLAGE OF OLD WESTBURY, MAYOR FRED CARILLO, in his official capacity and individually, TRUSTEE HARVEY BLAU, in his official capacity and individually, TRUSTEE STEVEN GREENBERG, in his official capacity and individually, TRUSTEE HARVEY SIMPSON, in his official capacity and individually, TRUSTEE MICHAEL WOLF, in his official capacity and individually, FREDERICK P. CLARK ASSOCIATES, INC., in its corporate capacity and as planning and land use consultant to the Village of Old Westbury, DAVID J. PORTMAN, in his official capacity as Village Planner of the Village of Old Westbury and individually, TARA M. NESI, in her official capacity as planning and land use consultant to the Village of Old Westbury and individually, MICHAEL MALTINO, in his official capacity as Superintendent of Buildings and Public Works of the Village of Old Westbury and individually, LEGGETTE BRASHEARS & GRAHAM, INC., in its corporate capacity and as groundwater and environmental engineering consultants to the Village of Old Westbury, and THOMAS P. CUSAK Defendants.

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

February 14, 2011.


Attorney(s) appearing for the Case

Winston & Strawn LLP, Attorneys for Plaintiff, New York, New York, By: Eric M. Robinson, Esq. , Vincent A. Sama, Esq. .

Lewis Brisbois Bisgaard & Smith LLP, Attorneys for Defendants The Incorporated Village of Old Westbury, The Board of Trustees of the Incorporated Village of Old Westbury, Mayor Fred Carillo, Trustee Harvey Blau, Trustee Steven Greenberg, Trustee Harvey Simpson, Trustee Michael Wolf, and Michael Maltino New York, New York, By: Jason Ederer, Esq. , Peter J. Biging, Esq. .

McCullough, Goldberger & Staudt LLP, Attorneys for Defendants Frederick P. Clark Associates, Inc., David J. Portman and Tara M. Nesi, White Plains, New York, By: Evan M. Eisland .

Wilson, Elser. Moskowitz, Edelman & Dicker LLP, Attorneys for Defendants Leggette Brashears & Graham, Inc. and Thomas P. Cusack Stamford, Connecticut By: Anthony B. Corleto


MEMORANDUM & ORDER

DENIS R. HURLEY, District Judge.

Plaintiff The Roman Catholic Diocese of Rockville Centre, New York ("the Diocese") seeks recovery for alleged violations of the Religious Land Use & Institutionalized Persons Act, 42 U.S.C. § 2000cc, et seq. ("RLUIPA") as well as 42 U.S.C. §§ 1983, 1985, and 1986. Presently before the Court are: (1) a motion to dismiss filed by defendants The Incorporated...

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