Libbey et al v. Village of Atlantic Beach et al
| Pamela Makaea, M.A. Salazar, Inc., Richard Libbey, Alberta Libbey, Atlantic Beach Associates, Inc. and Victoria Libbey Simao |
| Stephen R. Mahler, Steven Cherson, Board of Trustees of the Village of Atlantic Beach, R&W/Engineers P.C., Village of Atlantic Beach and Michael L. Williams |
| 2:2013cv02717 |
| May 6, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arlene R. Lindsay |
| Joanna Seybert |
| Civil Rights: Other |
| 28 U.S.C. ยง 2201 Declaratory Judgement |
| Plaintiff |
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Filing
45
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATION - For the foregoing reasons, Judge Lindsay's oral R&R is ADOPTED, Plaintiffs' objections are OVERRULED, and Plaintiffs' requests for a PI (Docket Entries 3, 30) are DENIED. In ad dition, the Engineering Defendants' motion to dismiss as against them is DENIED on Rooker-Feldman grounds but otherwise GRANTED as explained above, and the Clerk of the Court is directed to terminate R&W and Williams as defendants in this matter . Finally, the Village Defendants' motion to dismiss is GRANTED IN PART and DENIED IN PART. It is GRANTED in the following respects: (1) Pamela Makaea lacks standing to assert claims relating to the demolition and M.A. Salazar, Victoria Libbey Simao, Pamela Makea, and Atlantic Beach Associates, Inc. lack standing to bring claims regarding the First Amendment and Political Sign Ordinance; (2) Plaintiffs' substantive due process claim is DISMISSED WITH PREJUDICE; (3) Plaintiffs' Eq ual Protection claim based on the demolition is DISMISSED WITHOUT PREJUDICE; (4) Plaintiffs' allegations of First Amendment violations and the equivalent under the New York State Constitution prior to April 15, 2010 are time-barred and therefor e DISMISSED WITH PREJUDICE; (5) Plaintiffs' trespass and tortious interference claims are time-barred and therefore DISMISSED WITH PREJUDICE; and (6) Plaintiffs' malicious prosecution, abuse of process, nuisance, prima facie tort, intention al infliction of emotional distress, reckless infliction of emotional distress, and negligent infliction of emotional distress are DISMISSED WITH PREJUDICE for failure to file a Notice of Claim. Accordingly, the Clerk of the Court is directed to terminate Pamela Makaea as a plaintiff in this action. The Village Defendants' motion to dismiss is otherwise DENIED. So Ordered by Judge Joanna Seybert on 11/4/2013. C/ECF (Valle, Christine)
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