Highview Properties D.H.F. Inc. v. Town of Monroe et al

For 16 years, Highview Properties D.H.F. has gone through a rigorous review process to build a subdivision in the town of Monroe in Orange County, but just as the developer got a key land-use approval, the project stalled.

Hasidic anti-semitism development MonroeThe town imposed a moratorium on pending developments. More restrictive zoning was implemented. Routine administrative approvals were denied.

The impetus for the delays, Highview charges in a lawsuit filed on Jan. 31 in federal court in White Plains, is anti-Hasidic animus. Newly elected town officials who campaigned against the subdivision, the complaint states, thwarted the project because of religious bias.

Read more…


ECF,REFERRED

U.S. District Court
Southern District of New York (White Plains)
CIVIL DOCKET FOR CASE #: 7:18-cv-00867-UA

Highview Properties D.H.F. Inc. v. Town of Monroe et al
Assigned to: Judge Unassigned
Cause: 42:1983 Civil Rights Act
Date Filed: 01/31/2018
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Plaintiff
Highview Properties D.H.F. Inc. represented by John J. Henry 
Whiteman Osterman & Hanna L.L.P.
One Commerce Plaza
Albany, NY 12260
(518) 487-7650
Email: jhenry@woh.com
LEAD ATTORNEYEmily Perks Quinlan 
Whiteman Osterman & Hanna L.L.P.
One Commerce Plaza
Albany, NY 12260
(518) 487-7600
Fax: (518) 487-7777
Email: equinlan@woh.com
ATTORNEY TO BE NOTICEDRobert Stevenson Rosborough 
Whiteman Osterman & Hanna LLP
One Commerce Plaza
Albany, NY 12260
(518)-487-7608
Fax: (518)-487-7777
Email: rrosborough@woh.com
ATTORNEY TO BE NOTICED
V.
Defendant
Town of Monroe
Defendant
Town of Monroe Town Board
Defendant
Harley Doles
as former Town Supervisor in his official capacity
Defendant
Anthony Cardone
as Town Supervisor
Defendant
Mary Bingham
as Monroe Town Boardmember
Defendant
Richard Colon
as Monroe Town Boardmember
Defendant
Michael McGinn
as Monroe Town Boardmember
Defendant
Gerard McQuade, Jr. 
as Monroe Town Boardmember
Defendant
Audra Schwartz
as Town of Monroe Planning Board Chairperson
Defendant
Anthony Cardone
individually
Defendant
Richard Colon
individually
Defendant
Michael McGinn
Individually
Defendant
Gerard McQuade, Jr.
Individually

 

Date Filed # Docket Text
01/31/2018 1 COMPLAINT against Mary Bingham, Anthony Cardone, Richard Colon, Harley Doles, Michael McGinn, Gerard McQuade, Jr., Audra Schwartz, Town of Monroe, Town of Monroe Town Board. (Filing Fee $ 400.00, Receipt Number 0208-14645688)Document filed by Highview Properties D.H.F. Inc.. (Attachments: # 1 Exhibit Exhibit 1 (Final Approval), # 2 Exhibit Exhibit 2 (Convers’ Comments), # 3 Exhibit Exhibit 3 (March 8, 2016 transcript), # 4 Exhibit Exhibit 4 (Proposed Moratorium Law), # 5 Exhibit Exhibit 5 (Moratorium 239 Review Letter), # 6 Exhibit Exhibit 6 (Property Owners Moratorium Comment Letters), # 7 Exhibit Exhibit 7 (Residents Moratorium Comment Letters), # 8 Exhibit Exhibit 8 (Local Law 1 of 2016 – Moratorium), # 9 Exhibit Exhibit 9 (Local Law 2 of 2016 First Extension), # 10 Exhibit Exhibit 10 (Local Law No. 4 of 2016 – 2nd Moratorium Extension), # 11 Exhibit Exhibit 11 (Local Law 1 of 2017 – 3rd Moratorium Extension), # 12 Exhibit Exhibit 12 (Local Law No. 3 of 2017), # 13 Exhibit Exhibit 13 (Local Law No. 4 of 2017), # 14 Exhibit Exhibit 14 (Local Law No. 5 of 2017), # 15 Exhibit Exhibit 15 (Exemption-Variance Application), # 16 Exhibit Exhibit 16 (8.26.16 Barshov Letter), # 17 Exhibit Exhibit 17 (September 14, 2016 transcript), # 18 Exhibit Exhibit 18 (Local Law No. 2 of 2017), # 19 Exhibit Exhibit 19 (Draft Zoning Code), # 20 Exhibit Exhibit 20 (Local Law No. 6 of 2017))(Rosborough, Robert) (Entered: 01/31/2018)
01/31/2018 2 CIVIL COVER SHEET filed. (Rosborough, Robert) (Entered: 01/31/2018)
01/31/2018 3 REQUEST FOR ISSUANCE OF SUMMONS as to Anthony Cardone, re: 1 Complaint,,,,,. Document filed by Highview Properties D.H.F. Inc.. (Rosborough, Robert) (Entered: 01/31/2018)
01/31/2018 4 REQUEST FOR ISSUANCE OF SUMMONS as to Gerard McQuade, Jr., re: 1 Complaint,,,,,. Document filed by Highview Properties D.H.F. Inc.. (Rosborough, Robert) (Entered: 01/31/2018)
01/31/2018 5 REQUEST FOR ISSUANCE OF SUMMONS as to Harley Doles, re: 1 Complaint,,,,,. Document filed by Highview Properties D.H.F. Inc.. (Rosborough, Robert) (Entered: 01/31/2018)
01/31/2018 6 REQUEST FOR ISSUANCE OF SUMMONS as to Mary Bingham, re: 1 Complaint,,,,,. Document filed by Highview Properties D.H.F. Inc.. (Rosborough, Robert) (Entered: 01/31/2018)
01/31/2018 7 REQUEST FOR ISSUANCE OF SUMMONS as to Richard Colon, re: 1 Complaint,,,,,. Document filed by Highview Properties D.H.F. Inc.. (Rosborough, Robert) (Entered: 01/31/2018)
01/31/2018 8 REQUEST FOR ISSUANCE OF SUMMONS as to Town of Monroe Town Board, re: 1 Complaint,,,,,. Document filed by Highview Properties D.H.F. Inc.. (Rosborough, Robert) (Entered: 01/31/2018)
01/31/2018 9 REQUEST FOR ISSUANCE OF SUMMONS as to Audra Schwartz, re: 1 Complaint,,,,,. Document filed by Highview Properties D.H.F. Inc.. (Rosborough, Robert) (Entered: 01/31/2018)
01/31/2018 10 REQUEST FOR ISSUANCE OF SUMMONS as to Michael McGinn, re: 1 Complaint,,,,,. Document filed by Highview Properties D.H.F. Inc.. (Rosborough, Robert) (Entered: 01/31/2018)
01/31/2018 11 REQUEST FOR ISSUANCE OF SUMMONS as to Town of Monroe, re: 1 Complaint,,,,,. Document filed by Highview Properties D.H.F. Inc.. (Rosborough, Robert) (Entered: 01/31/2018)
02/01/2018 12 NOTICE OF APPEARANCE by Emily Perks Quinlan on behalf of Highview Properties D.H.F. Inc.. (Quinlan, Emily) (Entered: 02/01/2018)
02/01/2018 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Highview Properties D.H.F. Inc..(Quinlan, Emily) (Entered: 02/01/2018)
02/01/2018 14 NOTICE OF APPEARANCE by John J. Henry on behalf of Highview Properties D.H.F. Inc.. (Henry, John) (Entered: 02/01/2018)
02/01/2018 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert Stevenson Rosborough. The party information for the following party/parties has been modified: Mary Bingham, Anthony Cardone, Richard Colon, Harley Doles, Michael McGinn, Gerard McQuade, Jr., Audra Schwartz. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf) (Entered: 02/01/2018)
02/01/2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) (Entered: 02/01/2018)
02/01/2018 Case Designated ECF. (vf) (Entered: 02/01/2018)
02/01/2018 CASE REFERRED TO Judge Nelson Stephen Roman as possibly similar to 17cv7300. (vf) (Entered: 02/01/2018)
02/01/2018 15 ELECTRONIC SUMMONS ISSUED as to Anthony Cardone, Anthony Cardone. (vf) (Entered: 02/01/2018)
02/01/2018 16 ELECTRONIC SUMMONS ISSUED as to Gerard McQuade, Jr., Gerard McQuade, Jr. (vf) (Entered: 02/01/2018)
02/01/2018 17 ELECTRONIC SUMMONS ISSUED as to Harley Doles. (vf) (Entered: 02/01/2018)
02/01/2018 18 ELECTRONIC SUMMONS ISSUED as to Mary Bingham. (vf) (Entered: 02/01/2018)
02/01/2018 19 ELECTRONIC SUMMONS ISSUED as to Richard Colon, Richard Colon. (vf) (Entered: 02/01/2018)
02/01/2018 20 ELECTRONIC SUMMONS ISSUED as to Town of Monroe Town Board. (vf) (Entered: 02/01/2018)
02/01/2018 21 ELECTRONIC SUMMONS ISSUED as to Audra Schwartz. (vf) (Entered: 02/01/2018)
02/01/2018 22 ELECTRONIC SUMMONS ISSUED as to Michael McGinn, Michael McGinn. (vf) (Entered: 02/01/2018)
02/01/2018 23 ELECTRONIC SUMMONS ISSUED as to Town of Monroe. (vf) (Entered: 02/01/2018)
02/23/2018 24 CERTIFICATE OF SERVICE of Summons and Complaint,,,,,. Gerard McQuade, Jr. served on 2/5/2018, answer due 2/26/2018. Service was accepted by Refused. Service was made by Mail. Document filed by Highview Properties D.H.F. Inc.. (Quinlan, Emily) (Entered: 02/23/2018)
02/23/2018 25 CERTIFICATE OF SERVICE of Summons and Complaint,,,,,. Town of Monroe served on 2/5/2018, answer due 2/26/2018. Service was accepted by Mary Ellen F. Beams. Document filed by Highview Properties D.H.F. Inc.. (Quinlan, Emily) (Entered: 02/23/2018)
02/23/2018 26 CERTIFICATE OF SERVICE of Summons and Complaint,,,,,. Town of Monroe Town Board served on 2/5/2018, answer due 2/26/2018. Service was accepted by Mary Ellen F. Beams. Document filed by Highview Properties D.H.F. Inc.. (Quinlan, Emily) (Entered: 02/23/2018)
02/23/2018 27 CERTIFICATE OF SERVICE of Summons and Complaint,,,,,. Richard Colon served on 2/5/2018, answer due 2/26/2018; Richard Colon served on 2/5/2018, answer due 2/26/2018. Service was accepted by Mary Ellen F. Beams. Document filed by Highview Properties D.H.F. Inc.. (Quinlan, Emily) (Entered: 02/23/2018)
02/23/2018 28 CERTIFICATE OF SERVICE of Summons and Complaint,,,,,. Michael McGinn served on 2/5/2018, answer due 2/26/2018; Michael McGinn served on 2/5/2018, answer due 2/26/2018. Service was accepted by Mary Ellen F. Beams. Document filed by Highview Properties D.H.F. Inc.. (Quinlan, Emily) (Entered: 02/23/2018)
02/23/2018 29 CERTIFICATE OF SERVICE of Summons and Complaint,,,,,. Mary Bingham served on 2/5/2018, answer due 2/26/2018. Service was accepted by Mary Ellen F. Beams. Document filed by Highview Properties D.H.F. Inc.. (Quinlan, Emily) (Entered: 02/23/2018)
02/23/2018 30 CERTIFICATE OF SERVICE of Summons and Complaint,,,,,. Harley Doles served on 2/5/2018, answer due 2/26/2018. Service was accepted by Harley Doles. Document filed by Highview Properties D.H.F. Inc.. (Quinlan, Emily) (Entered: 02/23/2018)
02/23/2018 31 CERTIFICATE OF SERVICE of Summons and Complaint,,,,,. Audra Schwartz served on 2/5/2018, answer due 2/26/2018. Service was accepted by Mary Ellen F. Beams. Document filed by Highview Properties D.H.F. Inc.. (Quinlan, Emily) (Entered: 02/23/2018)
02/23/2018 32 CERTIFICATE OF SERVICE of Summons and Complaint,,,,,. Anthony Cardone served on 2/5/2018, answer due 2/26/2018; Anthony Cardone served on 2/5/2018, answer due 2/26/2018. Service was accepted by Mary Ellen F. Beams. Document filed by Highview Properties D.H.F. Inc.. (Quinlan, Emily) (Entered: 02/23/2018)
03/01/2018 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Robert Stevenson Rosborough, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (ad) (Entered: 03/01/2018)
03/02/2018 33 STATEMENT OF RELATEDNESS re: that this action be filed as related to 7:17-cv-07300-nsr. Document filed by Highview Properties D.H.F. Inc..(Quinlan, Emily) (Entered: 03/02/2018)
03/14/2018 34 NOTICE OF APPEARANCE by Leo Dorfman on behalf of Mary Bingham, Anthony Cardone, Anthony Cardone, Richard Colon, Richard Colon, Michael McGinn, Michael McGinn, Audra Schwartz, Town of Monroe, Town of Monroe Town Board. (Dorfman, Leo) (Entered: 03/14/2018)
03/14/2018 35 NOTICE OF APPEARANCE by Alexander Joseph Eleftherakis on behalf of Mary Bingham, Anthony Cardone, Anthony Cardone, Richard Colon, Richard Colon, Michael McGinn, Michael McGinn, Audra Schwartz, Town of Monroe, Town of Monroe Town Board. (Eleftherakis, Alexander) (Entered: 03/14/2018)
03/14/2018 36 NOTICE OF APPEARANCE by James A. Randazzo on behalf of Gerard McQuade, Jr., Gerard McQuade, Jr.. (Randazzo, James) (Entered: 03/14/2018)
03/16/2018 37 STIPULATION EXTENDING TIME TO ANSWER:IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the Plaintiff and Defendants, that Defendants’ time to answer, move, or otherwise respond to the Complaint is extended up to and including March 28, 2018. SO ORDERED. Mary Bingham answer due 3/28/2018; Anthony Cardone answer due 3/28/2018; Anthony Cardone answer due 3/28/2018; Richard Colon answer due 3/28/2018; Richard Colon answer due 3/28/2018; Harley Doles answer due 3/28/2018; Gerard McQuade, Jr. answer due 3/28/2018; Michael McGinn answer due 3/28/2018; Michael McGinn answer due 3/28/2018; Gerard McQuade, Jr. answer due 3/28/2018; Audra Schwartz answer due 3/28/2018; Town of Monroe answer due 3/28/2018; Town of Monroe Town Board answer due 3/28/2018. (Signed by Judge Nelson Stephen Roman on 3/16/2018) (rj) (Entered: 03/19/2018)
03/19/2018 CASE ACCEPTED AS RELATED. Create association to 7:17-cv-07300-NSR. Notice of Assignment to follow. (wb) (Entered: 03/19/2018)
03/19/2018 NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case. (wb) (Entered: 03/19/2018)
03/19/2018 Magistrate Judge Lisa M. Smith is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (wb) (Entered: 03/19/2018)
03/28/2018 38 LETTER MOTION for Conference in Anticipation of Moving to Dismiss the Complaint in its Entirety addressed to Judge Nelson Stephen Roman from Leo Dorfman dated March 28, 2018. Document filed by Mary Bingham, Anthony Cardone, Anthony Cardone, Richard Colon, Richard Colon, Michael McGinn, Michael McGinn, Audra Schwartz, Town of Monroe, Town of Monroe Town Board.(Dorfman, Leo) (Entered: 03/28/2018)
03/28/2018 39 NOTICE OF APPEARANCE by Drew William Sumner on behalf of Gerard McQuade, Jr., Gerard McQuade, Jr.. (Sumner, Drew) (Entered: 03/28/2018)
03/28/2018 40 LETTER MOTION for Conference re: 1 Complaint,,,,, in anticipation of moving to dismiss the Complaint pursuant to Fed. R. Civ. P. 12(b)(6) as against Defendants Thoubboron, Nestor and the County of Putnam addressed to Judge Nelson Stephen Roman from James A. Randazzo dated March 28, 2018. Document filed by Gerard McQuade, Jr., Gerard McQuade, Jr..(Sumner, Drew) (Entered: 03/28/2018)
04/02/2018 41 LETTER RESPONSE to Motion addressed to Judge Nelson Stephen Roman from John J. Henry dated April 2, 2018 re: 40 LETTER MOTION for Conference re: 1 Complaint,,,,, in anticipation of moving to dismiss the Complaint pursuant to Fed. R. Civ. P. 12(b)(6) as against Defendants Thoubboron, Nestor and the County of Putnam addressed to Judge Nelson Stephe, 38 LETTER MOTION for Conference in Anticipation of Moving to Dismiss the Complaint in its Entirety addressed to Judge Nelson Stephen Roman from Leo Dorfman dated March 28, 2018. . Document filed by Highview Properties D.H.F. Inc.. (Henry, John) (Entered: 04/02/2018)
05/16/2018 42 ORDER: terminating 38 Letter Motion for Conference; terminating 40 Letter Motion for Conference. The Court is in receipt of the attached pre-motion letter from Defendants the Town of Monroe, the Town Board and its members, the Town Supervisor, the Town Planning Board Chairperson, Anthony Cardone, Richard Colon and Michael McGinn, dated March 28, 2018 (ECF No. 38), the pre-motion letter from Defendant Gerard McQuade Jr., dated March 28, 2018 (ECF No. 40), and Plaintiff’s response letter, dated April 2, 2018 (ECF No. 41). The Court waives the pre-motion conference requirement and grants Defendants leave to file their separate motions to dismiss with the following briefing schedule: moving papers shall be served not filed July 2, 2018; oppositions shall be served not filed August 17, 2018; and replies shall be served September 5, 2018. The parties are directed to file all motion documents on the reply date, September 5, 2018, and to provide 2 copies of their respective documents to chambers as the documents are served. The Clerk of the Court is respectfully requested to terminate the motions (ECF Nos. 38 and 40). Motions due by 9/5/2018. Response due by 9/5/2018. Reply due by 9/5/2018. (Signed by Judge Nelson Stephen Roman on 5/16/2018) (ap) Modified on 5/17/2018 (ap). (Entered: 05/16/2018)

Comments are closed.