United States District Court, S.D. New York
OPINION AND ORDER
Vincent L. Briccetti United States District Judge
Pulte Homes of New York, LLC (“Pulte”), brings
this action pursuant to 42 U.S.C. § 1983 against
defendants Town of Carmel (the “Town”) and Town
of Carmel Planning Board (the “Planning Board”),
alleging defendants violated its constitutional rights to
equal protection and procedural and substantive due process,
and seeking damages, declaratory relief, and equitable
pending are (i) defendants' motion for reargument of one
aspect of the Court's September 5, 2017, Opinion and
Order, which granted in part and denied in part
defendants' motion to dismiss the amended complaint (Doc.
#36), and (ii) plaintiff's motion to certify an appeal of
the Court's September 5, 2017, Opinion and Order (Doc.
following reasons, defendants' motion is GRANTED.
Plaintiff's motion is DENIED AS MOOT.
Court has subject matter jurisdiction pursuant to 28 U.S.C.
with the factual background of the case is presumed. Of
relevance to the instant motions are the following facts:
owns approximately one hundred acres of land in the Town of
Carmel, divided into three lots: “Lot 3, ”
“Lot 4, ” and “Lot 5” (together
“the property”). (Am. Compl. ¶ 18).
February 3, 2006, the Planning Board “granted final
site plan approval” for the property to be developed
with a total of 313 “dwelling units.” (Am. Compl.
2008, Pulte sought site plan amendments, which reduced the
overall unit and building count. Later that year, Pulte was
informed it would be required to pay a $3, 500 recreation fee
per dwelling unit. On October 28, 2008, Pulte paid $385, 000
in recreation fees “under protest” for Lot 4.
(Am. Compl. ¶28). On November 12, 2008, the Planning
Board passed three resolutions adopting Pulte's site plan
amendments (the “2008 Resolutions”).
28, 2012, Pulte applied for additional site plan amendments
for Lots 3 and 5, which again reduced the number of units,
and sought Planning Board approval. From May through
September 25, 2013, the Planning Board held public hearings,
and by resolutions dated September 27, 2013, it approved the
plans and imposed a recreation fee of $3, 500 per unit (the
“2013 Resolutions”). On October 18, 2013, Pulte
paid the Town $364, 000 in recreation fees for Lots 3 and 5,
again “under protest.” (Am. Compl. ¶ 38).
October 17, 2016, plaintiff commenced this action with the
filing of a complaint.
September 5, 2017, Opinion and Order, the Court concluded
Pulte's claims stemming from the 2008 Resolutions were
barred by the applicable statute of limitations, but that its