United States Second Circuit

Denial of individual municipal board member defendants' motions for summary judgment, claiming qualified immunity from plaintiff's claims they violated its rights to due process and equal protection in denying an extension of a municipal sewer district to encompass its property, is reversed as to plaintiff's due process claims as plaintiff did not have a constitutionally protected property interest in the extension of the sewer district, but appeal of equal protection claim is dismissed for lack of jurisdiction. (Amended)

Appellate Information

• Decided 10/25/2006
• Published 10/25/2006

Judges

Court

• United States Second Circuit

Counsel