(Download) "Greene v. Town of Blooming Grove" by United States Court of Appeals for the Second Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Greene v. Town of Blooming Grove
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 17, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
PRATT, Circuit Judge Plaintiffs Marvin H. Greene and his wholly owned corporation, Lake Anne Realty Corp., (collectively ""Greene""), appeal from a summary judgment dismissing, inter alia, their claims under 42 U.S.C. § 1983 alleging (1) that the Town of Blooming Grove, its planning board, its zoning board of appeals, and certain town officials (collectively ""Blooming Grove"" or ""town"") deprived Greene of due process and equal protection under the fourteenth amendment by classifying a portion of Greene's land as R-80 residential rather than R-30, and (2) that Greene was deprived of property without due process, also in contravention of the fourteenth amendment, by the town's failure to recognize his claim to a nonconforming bungalow colony use for the full 136 acres designated as a bungalow colony in an approved map dated October 28, 1960. Because Greene has shown no disputed, material issues of fact on his challenge to the R-80 zoning classification of part of his land, we affirm the summary judgment dismissing that claim. On the question of whether Greene's vested nonconforming use as a bungalow colony should extend to the entire parcel, we reverse and remand for further proceedings because triable issues of fact are presented.
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