...never would have guessed this outcome...
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
LAIDLAW ENERGY AND
ENVIRONMENTAL, INC.,
Plaintiff,
v. DECISION AND ORDER
08-CV-32-S
TOWN OF ELLICOTTVILLE, NEW YORK,
Defendant.
I. INTRODUCTION
In this action, Plaintiff asserts claims under the Fifth and Fourteenth Amendments
of the United States Constitution pursuant to 42 U.C.S. § 1983. Plaintiff’s claims arise out
of Defendant’s decision to deny Plaintiff’s site modification application and classify the
operation of a power generation facility a non-conforming use under local zoning laws. Plaintiff seeks a declaratory judgment that Plaintiff did not abandon or vacate its power
generation facility, an order declaring the denial of its application unconstitutional, an order
directing Defendant to approve the application, and money damages in the amount of$10,000,000, in addition to attorneys’ fees and litigation costs. Presently before this Court
is Defendant’s Motion to Dismiss Plaintiff’s complaint in its entirety. For the reasons
discussed below, Defendant’s motion to dismiss is granted.1
