Legal Opinion

Didden v. Village of Port Chester

District Court, S.D. New York

Decided May 24, 2004No. 04 CIV.0370 CMPublished

1Opinion of the Court

DECISION AND ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED

MCMAHON, District Judge.

In this action, Defendants seek dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, Defendants’ motion is granted.

This case arises out of a dispute between private developers over a development project (the “Project”) associated with the Village of Port Chester’s (“Port Chester”) redevelopment of twenty-seven acres of its downtown and' waterfront areas. I will assume familiarity with the facts of this case, which…

2Cases cited14 opinions

  1. Owens v. OkureSupreme Court of the United States · 1989
  2. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  3. Dolan v. City of TigardSupreme Court of the United States · 1994
  4. Chance v. ArmstrongCourt of Appeals for the Second Circuit · 1998
  5. Harris v. City of New YorkCourt of Appeals for the Second Circuit · 1999

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