Legal Opinion

Walz v. Town of Smithtown

Court of Appeals for the Second Circuit

Decided January 24, 1995No. 1996, Docket 94-7268PublishedCited by 56 opinions

1Opinion of the Court

WINTER, Circuit Judge:

The Town of Smithtown (“Smithtown”) and James Dowling, the town’s Superintendent of Highways, appeal from an adverse jury verdict awarding damages for violating the substantive due process rights of Robert Walz, Lana Sue Walz, and Robert Walz, Jr. (the “Walzes”). The Walzes were denied access to public water supply when Dowling refused to issue a permit allowing the county water authority to excavate a public street in order to connect the Walzes’ home to the public water system. Dowling’s refusal was intended to coerce the Walzes to convey some of their land to…

2Cases cited16 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Hensley v. EckerhartSupreme Court of the United States · 1983
  3. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  4. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  5. Butz v. EconomouSupreme Court of the United States · 1978

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3Cited by56 opinions

  1. Harlen Associates v. The Incorporated Village of Mineola and Board of Trustees for the Incorporated Village of MineolaCourt of Appeals for the Second Circuit · 2001
  2. Zahra v. Town Of SoutholdCourt of Appeals for the Second Circuit · 1995
  3. Paul Natale Wendy Natale Jarrod Natale v. Town of Ridgefield Ridgefield Planning and Zoning CommissionCourt of Appeals for the Second Circuit · 1999
  4. Villager Pond, Inc. v. Town Of DarienCourt of Appeals for the Second Circuit · 1995
  5. Quinn v. Nassau County Police DepartmentDistrict Court, E.D. New York · 1999

51 more not listed; retrieve them via the Exa API.

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