MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff commenced this action on January 16, 2024, alleging a claim under the Takings Clause of the Fifth Amendment to the United States Constitution, as well as state-law claims for conversion, and a violation of New York Highway Law §136. See Dkt. No. 1. Currently before the Court is Defendants’ motion to dismiss brought pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. See Dkt. No. 17. II. BACKGROUND Plaintiff is a limited liability company organized under the laws of the State of New York. See Dkt. No. 1 at 1. It maintains its principal place of business at 105 Main Street, Whitesboro, New York 13492. See id. Defendant Oneida County (the “County”) is a municipal corporation located in New York State. See id. at 2. Defendants Jason Swistak and Karen Szewczyk are individuals who reside in New York State and are employed by the Oneida County Department of Public Works. See id. at
3-4. According to the complaint, this lawsuit arises from the County’s intentional destruction of certain landscaping and pipe-installation work performed by Plaintiff at 2 Ironwood Road in the Town of New Hartford (the “Property”), which is located in the County. See id. at 9. The Property includes a ditch that runs along Valley View Road near Ironwood Road. See id. at 10. The Property’s owner desired to fill the ditch, and engaged Plaintiff to perform the work. See id. at 11. In accordance with New York Highway Law §136, Plaintiff applied for a permit from the County on July 17, 2023. See id. at 12. On July 26, 2023, while acting in her official capacity as an employee of the County’s Department of Public Works, Defendant Szewczyk notified Plaintiff in writing that the permit was “ready.” Id. at 13. Defendant Szewczyk also notified Plaintiff to provide insurance document, plus a permit fee payment of $220.00. See id. Plaintiff provided the requested insurance documents later that same day and the permit fee was remitted to the County by check dated August 8, 2023. See id. at
