United States District Court, S.D. New York
For Robert Clavin, Plaintiff: Michael Howard Sussman, Sussman & Watkins, Goshen, NY.
For County of Orange, Defendant: Hyun Chin Kim, LEAD ATTORNEY, Orange County Attorney, Goshen, NY.
Vincent L. Briccetti, United States District Judge.
Plaintiff Robert Clavin brings this Section 1983 action against the County of Orange, alleging defendant's failure to issue a Master Electrician's License deprived
plaintiff of property without due process of law. Plaintiff also challenges the local law governing the issuance of Master Electrician's Licenses, alleging the law is unconstitutionally vague.
Now pending is defendant's motion to dismiss under Rule 12(b)(6). (Doc. #4).
For the reasons set forth below, the motion is GRANTED.
The Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331.
For purposes of ruling on this motion, the Court accepts as true all well-pleaded factual allegations in the complaint and draws all reasonable inferences in plaintiff's favor.
Plaintiff is a plumber and electrician who has performed commercial and residential plumbing and electrical work since 1987.
At issue are plaintiff's applications for a Master Electrician's License pursuant to County of Orange, Local Law No. 8 of 2007 and as amended by Local Law No. 2 of 2011.
Local Law No. 8 of 2007 established qualifications for a Master Electrician's License, set forth examination requirements, and empowered the Orange County Electrical Licensing Board (the " Board" ) to review qualifications and issue Master Electrician's Licenses to qualified applicants. Local Law No. 8 also contained a grandfather clause allowing certain applicants to receive a license without an examination and established a renewal procedure for such applicants.
Local Law No. 2 of 2011 amended the previous Local Law No. 8. The relevant change was the addition of the Class B Electrician License and the Class C Electrician License, which are more limited than the Master Electrician's License.
In March 2009, plaintiff applied for and received a Master Electrician's License through the grandfather clause. Plaintiff's license was valid through March 31, 2010. Plaintiff alleges " despite his compliance with the applicable procedures" for renewal of a Master Electrician's License, the County " did not re-issue his Master Electrician's license" and plaintiff instead received a Class C License in 2010. (Compl. ¶ ¶ 9-10).
By March 2011, plaintiff had taken training courses required by the 2011 version of the law. In March 2011, plaintiff applied for a Master Electrician's ...