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33 SEMINARY LLC v. CITY OF BINGHAMTON

No. 3:11-CV-1300 (MAD/DEP).

869 F.Supp.2d 282 (2012)

33 SEMINARY LLC, 31 Seminary LLC, and 26 Seminary Avenue Project LLC, Plaintiffs, v. The CITY OF BINGHAMTON, Matthew T. Ryan, Individually and as Mayor of Binghamton, Kenneth J. Frank, Individually and as Corporation Counsel of the City of Binghamton, Thomas Costello, Individually and as Supervisor of Building and Construction and Code Enforcement for the City of Binghamton, David S. Chadwick, Individually and as Former Supervisor of Building and Construction for the City of Binghamton, Kevin Esworthy, Individually and as former Building Inspector of the City of Binghamton, John Stella, Individually and as Chairman of the Planning Commission of the City of Binghamton, Mark Young, Individually and as Member of the Planning Commission of the City of Binghamton, Michelle O'Loughlin, Individually and as Member of the Planning Commission of the City of Binghamton, Robert Pompi, Individually and as Member of the Planning Commission of the City of Binghamton, Thomas Pollack, Individually and as Member of the Planning Commission of the City of Binghamton, Earl Walker, Individually and as Member of the Planning Commission of the City of Binghamton, James Worhach, Individually and as Member of the Planning Commission of the City of Binghamton, Kelly Ligeikis, Individually and as Member of the Planning Commission of the City of Binghamton, Joann Mastronardi, Individually and as Chairman of the Zoning Board of Appeals of the City of Binghamton, Vladimyr Gouin, Individually and as Member of the Zoning Board of Appeals of the City of Binghamton, Donald Hanrahan, Individually and as Member of the Zoning Board of Appeals of the City of Binghamton, Carman Garufi, Individually and as Member of the Zoning Board of Appeals of the City of Binghamton, Gerald O'Brien, Individually and as Member of the Zoning Board of Appeals of the City of Binghamton, Defendants.

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

April 18, 2012.

Attorney(s) appearing for the Case

Cohen Law Group, PC, Brian S. Cohen, Esq., of Counsel, New York, NY, for Plaintiffs.

City of Binghamton, Corporation Counsel, Brian M. Seachrist, Esq., of Counsel, Binghamton, NY, for Defendants.

MEMORANDUM-DECISION AND ORDER

MAE A. D'AGOSTINO, District Judge.

INTRODUCTION

Plaintiffs, property owners in the City of Binghamton, commenced this action pursuant to 42 U.S.C. § 1983 alleging that defendants violated their rights under the United States Constitution. Presently before the Court is defendants' motion to dismiss plaintiffs' complaint pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(1). (Dkt. No. 27). Plaintiffs have opposed the motion...

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