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GARLAND v. RUSKIN

December 28, 1965

Richard D. GARLAND et al., Plaintiffs,
v.
Alvin R. RUSKIN, as Mayor of the City of New Rochelle and as a member of the City Council of the City of New Rochelle, et al., Defendants



The opinion of the court was delivered by: HERLANDS

HERLANDS, District Judge.

 Plaintiffs have moved for a temporary injunction to enjoin the defendants "from disposing of any more land in the Cedar Street redevelopment project" and "from allowing any further construction on the Cedar Street redevelopment project." In support of the application, plaintiffs have submitted only one affidavit, a five-page affidavit by the plaintiff Richard D. Garland.

 The unverified complaint in the action prays for a decree enjoining defendants "from operating, maintaining and developing the Cedar Street redevelopment project in an arbitrary discriminatory manner," "from refusing to rent to plaintiffs and others of their classes in public housing units," "from disposing of any more land in the Cedar Street redevelopment project on the basis of selected sponsorships," and "from honoring any agreement entered into with any firm or organization in which they are selected on the basis of selected sponsorship." The complaint also prays for a decree directing defendants "to provide adequate housing for the plaintiffs and others of their class."

 All of the material allegations of the complaint and moving affidavit have been denied by the defendants in their answer and in the opposing affidavits by Morris B. Abram, Arnold H. Mays (to which affidavit are attached Exhibits B to G) and Sarah Lederer (to which affidavit are attached Exhibits H to J). *fn1"

 In the exercise of its discretion, the court denies the plaintiffs' motion for a temporary injunction in all respects. The grounds of the court's action are set forth in the following findings of fact and conclusions of law, Fed.R.Civ.P. 52(a):

 (1) There is substantial and serious doubt as to the legal sufficiency of the complaint.

 (2) Plaintiffs' papers fail to demonstrate any reasonable possibility, let alone a likelihood, of their ultimate success on the merits.

 (3) There is substantial and serious doubt as to whether the plaintiffs have standing to sue; whether this action involves a federal question and a violation of any federally protected right, privilege or immunity; and whether this court has jurisdiction over this action on any theory.

 (4) There is no threat or danger of any injury to any plaintiff herein requiring or justifying the drastic relief of a temporary injunction as here sought.

 (5) The issuance of a temporary injunction would cause grave hardship and possibly extreme injury to the City of New Rochelle and its vital urban renewal program. The balance of convenience and the general public interest involved weigh heavily in defendants' favor and against the granting of plaintiffs' motion.

 (6) The allegations of wrongdoing or irregularities leveled by plaintiffs against the defendants are sharply disputed by the defendants. Plaintiffs' allegations are, for the most part, couched in conclusory language and are unsupported by any concrete evidence whereas the defendants' denials are specific, particularized and documented with credible supporting proof.

 (7) There is substantial basis for the court to believe the facts as recited in the opposing affidavits of Arnold H. Mays and Sarah Lederer, who are the Urban Renewal Administrator and the Family Reorganization Supervisor of the City of New Rochelle, respectively, whereas the court seriously doubts the factual validity of the assertions contained in the moving affidavit.

 (8) Although the complaint purports to invoke federal jurisdiction under 28 U.S.C. § 1343(3) ("Civil rights and elective franchise") and 42 U.S.C. § 1983 ("Civil action for deprivation of rights"), the record now before the court raises grave and serious doubt as to whether either of these provisions is applicable and whether this case even remotely has anything to do with the Fourteenth Amendment to the Constitution or any federally protected right, privilege or immunity.

 (9) There is no credible evidence of any discrimination, bias, prejudice, civil rights violation or any ...


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