Legal Opinion
Great Atlantic & Pacific Tea Co. v. Town of East Hampton
District Court, E.D. New York
Decided March 18, 1998No. CV 96-5610PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WEXLER, District Judge.
In this action challenging the validity and constitutionality of Local Law No. 17 of 1996 of the Town of East Hampton, County of Suffolk (the “Superstore Law”), the Town of East Hampton and the Town Board of East Hampton (collectively the “Town”) move to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim for which relief can be granted. For the reasons set forth below, defendants’ motion is granted in part and denied in part.
FACTS
The following facts are taken from the complaint and are…
2Cases cited52 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Warth v. SeldinSupreme Court of the United States · 1975
- City of Oklahoma v. TuttleSupreme Court of the United States · 1985
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3Cited by15 opinions
- International Franchise Ass'n v. City of SeattleCourt of Appeals for the Ninth Circuit · 2015
- Sheet Metal Workers Local 441 Health & Welfare Plan v. Glaxosmithkline, PLCDistrict Court, E.D. Pennsylvania · 2010
- Reading International, Inc. v. Oaktree Capital Management LLCDistrict Court, S.D. New York · 2003
- Callari ex rel. Blackman Plumbing Supply, Inc. v. Blackman Plumbing Supply, Inc.District Court, E.D. New York · 2013
- City of New Rochelle v. Town of MamaroneckDistrict Court, S.D. New York · 2000
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