Legal Opinion
Masi Management, Inc. v. Town of Ogden
New York Supreme Court
Decided February 25, 1999PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Kenneth R. Fisher, J.
In this action pursuant to 42 USC § 1983, and under the *885New York Constitution, plaintiff alleges that defendants violated its substantive due process, and equal protection, rights by causing it to expend effort and money to secure approval of a land use project defendants never intended to approve. Defendants move to dismiss the complaint for failure to state a cause of action (CPLR 3211 [a] [7]).
A. The Facts
Plaintiff is a “contract-vendee” of land in the Town of Ogden near the Village of Spencerport. Plaintiff alleges that defendants intentionally…
2Cases cited69 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Bell v. WolfishSupreme Court of the United States · 1979
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- County of Sacramento v. LewisSupreme Court of the United States · 1998
- Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
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3Cited by1 opinion
- Bower Associates v. Town of Pleasant ValleyNew York Court of Appeals · 2004