X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM AND ORDER Plaintiffs, James O’Reilly and Brett O’Reilly (“Plaintiffs”) commenced this land use action against Defendant, Incorporated Village of Rockville Centre (“Defendant” or the “Village”) on June 8, 2023 alleging that their subdivision application was unreasonably delayed through legislative, Zoning Board of Appeals (“ZBA”), and Planning Board (“PB”) processes. See generally, ECF No. 1. Specifically, Plaintiffs assert three causes of action pursuant to 42 U.S.C. §1983: (i) substantive due process, (ii) equal protection, and (iii) violations of the First Amendment, based on their appeal of determinations by these boards. (Id.) Following unsuccessful settlement attempts, Defendant moved to dismiss Plaintiff’s Complaint in its entirety pursuant to Fed. R. Civ. P. 12(b)(6), and subsequently moved to stay discovery in this case pending the outcome of its motion to dismiss. (See ECF Nos. 19, 27, 28.) Now before the Court is Defendant’s Motion to Stay Discovery (ECF No. 28), which is opposed by Plaintiff (ECF No. 27-20). The motion to dismiss is pending before the Honorable Natasha C. Merle (ECF No. 27). For the foregoing reasons, Defendant’s Motion to Stay (ECF No. 28) is GRANTED. BACKGROUND I. Factual Background The following factual allegations are drawn from the Complaint. See generally, ECF No. 1. Plaintiffs purchased a 1.75-acre parcel in the name of Brett O’Reilly, which was previously open space that was part of a five-acre campus owned by a local Church. (ECF No. 1 at 10.) The Church had been engaged in a dispute with a nursery school that resulted in the school vacating its basement, and some people in the community blamed Plaintiffs for the school’s demise. (Id. at

15-16.) James O’Reilly had meetings with public officials regarding the potential development of the property in 2014. (Id. at 17-18.) On January 4, 2016, the Board of Trustees (“BOT”) adopted a definition of the word “street” for the purpose of establishing lot or building frontage to refer to a “public road or street.” (Id. at 19.)1 Plaintiffs allege the Village added the “street” definition in efforts to thwart Plaintiffs’ development plan, which would entail the creation of a new dead-end, or cul-de-sac street, running off of Hempstead Avenue, to enable access to new lots. (Id. at 21-22.) Specifically, Plaintiffs allege the addition of the definition required them to seek and obtain zoning variances in order to proceed with their subdivision development. (Id. at 22.) James O’Reilly “began to plan” their development in the spring of 2016, and “attempted to engage” with members of the BOT through the summer. (Id. at

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›