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33 SEMINARY LLC v. CITY OF BINGHAMTON

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

120 F.Supp.3d 223 (2015)

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 for the City of Binghamton; Thomas Costello, Individually and as Supervisor of Building and Construction and Code Enforcement for the City of Binghamton; David 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 for the City of Binghamton; Vladimyr Gouin, Individually and as Member of the Zoning Board of Appeals for the City of Binghamton; Donald Hanrahan, Individually and as Member of the Zoning Board of Appeals for the City of Binghamton; Carman Garufi, Individually and as Member of the Zoning Board of Appeals for the City of Binghamton; and Gerald O'Brien, Individually and as Member of the Zoning Board of Appeals for the City of Binghamton, Defendants.

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

Signed July 28, 2015.

Attorney(s) appearing for the Case

Office of Alison Muradian Drew, Alison M. Drew, Esq., Chappaqua, NY, of Counsel, for Plaintiffs.

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

Hancock Estabrook, LLP, Daniel B. Berman, Esq., Holly Kozlowski Austin, Esq., Robert J. Thorpe, Esq., Wendy Ann Marsh, Esq., Zachary M. Mattison, Esq., of Counsel, Syracuse, NY, for Defendants.

MEMORANDUM-DECISION AND ORDER

I. INTRODUCTION

On November 2, 2011, Plaintiffs commenced this action pursuant to 42 U.S.C. § 1983. See Dkt. No. 1. Plaintiffs allege that Defendants violated Plaintiffs' rights under the Due Process and Equal Protection Clauses by denying Plaintiffs...

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