United States Second Circuit
Ruston v. Town Bd., 09-4480
In a "class of one" equal protection action by property owners, who were denied sewer hookups for their proposed subdivision, against a village, the Town Board, and the Town Planning Board (and individual members of the Boards), dismissal of the action is affirmed where plaintiffs failed to allege specific examples of the Town's proceedings, let alone applications that were made by persons similarly situated, and thus failed to make out an Equal Protection claim.
Appellate Information
- Argued 04/15/2010
- Decided 07/08/2010
- Published 07/08/2010
Judges
- Dennis M. Jacobs
Court
- United States Second Circuit
Counsel
- For Appellant:
- J. David MacCartney, Terry Rice