Legal Opinion

Austin v. Town of Farmington

District Court, W.D. New York

Decided June 8, 2015No. 14-CV-6320PublishedCited by 1 opinion

1Opinion of the Court

DECISION and ORDER

MICHAEL A. TELESCA, District Judge.

INTRODUCTION

Plaintiffs Colleen and John Austin (“plaintiffs”) commenced this action for declaratory and injunctive relief against defendant Town of Farmington (“defendant”) alleging discrimination in granting a variance which permits thei installation of an above-ground pool with protective fencing on the basis of their son’s disability which they claim contains the onerous requirement that the pool along with the protective fence are required to be removed upon *652the sale of their home or when their disabled son is no longer in residence.…

2Cases cited18 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  3. Ruotolo v. City of New YorkCourt of Appeals for the Second Circuit · 2008
  4. Jackson Dairy, Inc. v. H. P. Hood & Sons, Inc.Court of Appeals for the Second Circuit · 1979
  5. Hayden v. PatersonCourt of Appeals for the Second Circuit · 2010

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3Cited by1 opinion

  1. Austin v. Town of FarmingtonCourt of Appeals for the Second Circuit · 2016

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