33 Seminary LLC v. City of Binghamton

MEMORANDUM-DECISION AND ORDER

MAE A. D’AGOSTINO, District Judge.

I. INTRODUCTION

On November 2, 2011, Plaintiffs commenced this action pursuant to 42 U.S.C. § 1983. See Dkt. No. 1. Plaintiffs allege that Defendants violated Plaintiffs’ rights under the Due Process and Equal Protection Clauses by denying Plaintiffs certain building permits and variances Plaintiffs sought for desired construction on two properties located within the City of Bing-hamton. See Dkt. No. 40. Plaintiffs also allege that certain provisions of Bingham-ton City Ordinance 009-009 are unconstitutionally vague. See id. at ¶¶…