Cunney v. Board of Trustees of the Village of Grand View et al
| Brendan Cunney |
| Board of Trustees of the Village of Grand View, New York, Zoning Board of Appeals for the Village of Grand View, New York, Atzl, Scatassa & Zigler Land Surveyors, John R. Atzl and Joseph W. Knizeski |
| 7:2008cv09507 |
| November 5, 2008 |
| U.S. District Court for the Southern District of New York |
| Civil Rights: Other Office |
| Rockland |
| William C. Conner |
| None |
| Federal Question |
| 42:1983 Civil Rights Act |
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Filing
73
OPINION AND ORDER: To summarize, in light of the foregoing, the Court grants Defendants' Motion in part and denies it in part. Specifically, it grants Defendants' Motion for summary judgment on Plaintiff's substantive-due-process c laim, and it grants Defendants' Motion to dismiss Plaintiff's claims against Knizeski and the ZBA. But the Court denies Defendants' Motion to dismiss Plaintiff's claims for lack of standing, and it denies Defendants' Motion for summary judgment on the damages and set-off issues given the Court's holding that Plaintiff is entitled to a specific type of damages in the context of his void-for-vagueness claim. Moreover, in light of the Second Circuit's opini on remanding the case to this Court, the Court grants summary judgment in favor of Plaintiff on his void-for-vagueness claim. The Clerk of Court is respectfully directed to terminate the pending Motion. (See Dkt. No. 56.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/29/2014) (lnl)
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