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S&R Dev. Estates LLC v. Town of Greenburgh, New York

FHA Preempts RPAPL §1951(2); Convent Order's 'Takings' Counterclaim Dismissed

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ADDITIONAL CASESSisters of the Blessed Sacrament, Inc., Counterclaim Plaintiff v. S&R Development Estates, LLC, Counterclaim Defendant

OPINION AND ORDER  Before the Court is the motion of Plaintiff S&R Development Estates, LLC (“S&R”) to dismiss the counterclaim of Defendant Sisters of the Blessed Sacrament, Inc. (the “Sisters”). (Doc. 140.) For the following reasons, the motion is GRANTED.I. BACKGROUNDFor purposes of this motion, I accept as true the facts, but not the conclusions, set forth in the Sisters’ Amended Counterclaim. (Doc. 139 at 47-84 (“ACC”).)1A. FactsDefendant and Counterclaim Plaintiff Sisters is a religious not-for-profit corporation that owns and operates a convent located at 86 Dromore Road in the Town of Greenburgh, New York. (Id.19.) Plaintiff and Counterclaim Defendant S&R is a New York limited-liability company managed by brothers Stephen and Richard Troy. (Id.) In approximately 2006, S&R purchased, and since then has attempted to develop, a parcel of land directly adjacent to the Sisters’ convent. (Id.

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