Marino v. McDonald

MEMORANDUM OPINION AND ORDER

JAMES HARVEY, District Judge.

In the ease at bar, the plaintiffs’ have brought suit pursuant to 42 U.S.C. § 1983 alleging that the defendants violated their federal constitutional rights to Due Process and Equal Protection in connection with the revocation of a special land use variance. Plaintiffs have also set forth a pendant state claim. The Court now has before it defendants’ motion for summary judgment.

Summary judgment is appropriate only where no genuine issue of material fact remains to be decided and the moving party is entitled to judgment as a matter of…