Town of Orangetown, NY v. Armoni Inn & Suites LLC

Town Granted Preliminary Injunction After Accusing Hotel of Violating Local Zoning Law

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DECISION & ORDER The Town of Orangetown, New York (“Orangetown”), proceeds in this action against: (1) Armoni Inn & Suites, LLC (“Armoni”); (2) Palisades Estates EOM, LLC (“EOM”); and (3) Johnson Kirchner Holdings, LLC (“Kirchner,” and collectively, “Defendants”). (See generally Doc. 1, “Compl.”). Believing that Defendants violated its local zoning law, Orangetown seeks declaratory judgments that Defendants have violated: (1) Orangetown Town Code (“OTC”), Ch. 6, §6-14(C); (2) OTC, Ch. 43. §10.221(a); and (3) OTC, Ch. 43, §10.231(c). (Id.

43-60).¹ Plaintiff commenced this action by filing a Summons and Verified Complaint — along with papers supporting its request for injunctive relief — on May 9, 2023. (See Docs. 1-20). The Court, later that same day and after a hearing on the question of temporary relief, issued an Order to Show Cause with a Temporary Restraining Order maintaining the status quo. (Doc. 24, “OTSC”). In accordance with the briefing schedule requested by the parties and approved by the Court: (1) Armoni and EOM filed their papers opposing the motion for a preliminary injunction on May 18, 2023;² and (2) Orangetown filed its reply papers in further support thereof on May 25, 2023. (See generally Doc. 36, Docs. 38-65).³ The Court held oral argument on May 31, 2023. Upon consideration of all the filings and the arguments heard on the record thus far, for the reasons set forth below, Orangetown’s motion for a preliminary injunction is GRANTED. BACKGROUND I. Facts Presently in the Record Orangetown Town Supervisor Teresa M. Kenny (“Kenny”) received a telephone call from New York City Mayor Eric Adams (“Adams”) on May 5, 2023. (Doc. 5. “Kenny Aff.,” 8; see also Compl. 21). Adams, during that conversation, advised Kenny that New York City intended to move asylum-seeking individuals to an unidentified Orangetown hotel for up to four-months. (Kenny Aff.

Town of Orangetown, NY v. Armoni Inn & Suites LLC

Town Granted Preliminary Injunction After Accusing Hotel of Violating Local Zoning Law

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