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Pulte Homes of New York, LLC v. Town of Carmel

United States District Court, S.D. New York

October 27, 2017

PULTE HOMES OF NEW YORK, LLC, Plaintiff,
v.
TOWN OF CARMEL and TOWN OF CARMEL PLANNING BOARD, Defendants.

          OPINION AND ORDER

          Vincent L. Briccetti United States District Judge

         Plaintiff 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 relief.

         Now 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. #35).

         For the following reasons, defendants' motion is GRANTED. Plaintiff's motion is DENIED AS MOOT.

         The Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331.

         BACKGROUND

         Familiarity with the factual background of the case is presumed. Of relevance to the instant motions are the following facts:

         Pulte 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).

         On 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. ¶ 22).

         In 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”).

         On June 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).

         On October 17, 2016, plaintiff commenced this action with the filing of a complaint.

         In its 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 claims ...


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