Legal Opinion

HBP ASSOCIATES v. Marsh

District Court, S.D. New York

Decided July 21, 1995No. 94 CV 8146 (BDP)PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM DECISION

PARKER, District Judge.

FACTS

This action seeking declaratory, injunctive and monetary relief for the violation of civil rights, pursuant to 42 U.S.C. § 1983, is before this Court on Defendants’ motions to dismiss. The Defendants, County of Orange and Orange County Sewer District No. 1 (“the County”) and Langdon Marsh and Jean-Ann McGrane (“the State”), move to dismiss pursuant to 12(b)(1) for lack of subject matter jurisdiction and pursuant to 12(b)(6) for failure to state a claim.

HBP owns a 6.8-acre parcel of land located in the Village of Harriman, County of Orange and…

2Cases cited43 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Ex Parte YoungSupreme Court of the United States · 1908
  5. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984

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3Cited by11 opinions

  1. Frooks v. Town of CortlandtDistrict Court, S.D. New York · 1998
  2. Weizmann Institute of Science v. NeschisDistrict Court, S.D. New York · 2002
  3. C/S 12th Avenue LLC v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  4. Deepwells Estates Inc. v. Incorporated Village of Head of the HarborDistrict Court, E.D. New York · 1997
  5. Cathedral Church of the Intercessor v. Incorporated Village of MalverneDistrict Court, E.D. New York · 2005

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