Date: 06-28-2008

Case Style: Cine SK8, Inc., et al v. Town of Henrietta, et al

Case Number: 6:03-cv-06165-JWF

Judge: Jonathan W. Feldman

Court: United States District Court for the Western District of New York, Monroe County

Plaintiff's Attorney: Jeffrey Wicks, Jeffrey Wicks, PLLC, Rochester, New York

Defendant's Attorney: Joseph B. Rizzo and Anthony M. Sortino, Gallo & Iacovangelo LLP, Rochester, New York for Town of Henrietta

Bradley A. Hoppe, Jaeckle Fleischmann & Mugel LLP, Buffalo, New York

Description: Ross Catalano, 65, claimed that his former business, teen recreation center FunQuest, was irreparably damaged when the town prohibited dance parties there in spring 2002. The ban came after a riot-like incident at the club in March 2002. Catalano claimed that former Fire Marshal Chris Roth's actions on the night of the incident were racially motivated, as were statements made by former town Supervisor James Breese and the decision of the Town Board to amend the club's special-use permit to ban dancing. The suit also alleged that the town acted illegally when it amended his special-use permit. The charge that the town illegally amended his special-use permit was the only jury verdict to rule in favor of Catalano.

The defenses asserted by defendants are not available.

Outcome: Plaintiff's verdict for $1 against the Town only.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None