Bam Historic District Association v. Edward I. Koch, Mayor of the City of New York

NEWMAN, Circuit Judge:

This is an appeal from an order of the District Court for the Eastern District of New York (Mark A. Costantino, Judge) denying a preliminary injunction that. had been sought to prevent officials of New York City from operating a shelter for homeless men. The appeal also challenges the District Court’s dismissal, for lack of subject matter jurisdiction, of the complaint’s first cause of action alleging a denial of rights protected by the Due Process Clause of the Fourteenth Amendment. For the reasons that follow, we affirm the denial of the injunction; we also affirm the…