Bourque v. City of Yonkers

OPINION

SAND, District Judge.

In these two cases, one of which has been removed from state court, 112 plaintiffs assert an entitlement to compensation because of an alleged taking of their rights under a restrictive covenant. This Court ruled that the state court case was properly removed to federal court. The two cases were thereafter consolidated with the consent of the parties. See Transcript proceedings, January 30, 1992 (hereafter “Tr.”), p. 4.

Although plaintiffs initially sought some forms of injunctive relief with respect to the construction of a community center, on being advised that…