DEAN v. TOWN OF HEMPSTEAD

14-CV-4951 (MKB).

527 F.Supp.3d 347 (2021)

William Stephen DEAN, also known as Billy Dean, Rori Leigh Gordon, Green 2009 Inc., One55Day Inc., and Look Entertainment Ltd., Plaintiffs, v. The TOWN OF HEMPSTEAD, Kate Murray, individually and as the former Supervisor of the Town of Hempstead, John E. Rottkamp, individually and as the Commissioner of the Department of Buildings of the Town of Hempstead, David P. Weiss, individually and as the Chairman of the Town of Hempstead Board of Appeals, Gerald C. Marino, individually and as a former Member of the Town of Hempstead Board of Appeals, Katuria E. D'Amato, individually and as a Member of the Town of Hempstead Board of Appeals, John F. Ragano, individually and as a Member of the Town of Hempstead Board of Appeals, Frank A. Mistero, individually and as a Member of the Town of Hempstead Board of Appeals, Joseph F. Pellegrini, individually and as a Member of the Town of Hempstead Board of Appeals, Kimberly A. Perry, individually and as a Member of the Town of Hempstead Board of Appeals, Anthony J. Santino, individually and as the Supervisor of the Town of Hempstead, Gary Hudes, individually and as a member of the Town Board of the Town of Hempstead, Steven D. Rhoads, individually and as a member of the Nassau County Legislature, and Daniel M. Fisher, individually and as a Member of the Town of Hempstead Board of Appeals, Defendants.

United States District Court, E.D. New York.

Signed January 4, 2021.


Attorney(s) appearing for the Case

Erica Tamar Dubno, Herald Price Fahringer, Herald Price Fahringer PLLC d/b/a Fahringer & Dubno, New York, NY, for Plaintiffs William Stephen Dean, Rori Leigh Gordon, Green 2009 Inc., One55Day Inc., Look Entertainment Ltd.

Peter Sullivan, Donna A. Napolitano, Joseph E. Macy, Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City, NY, for Defendants The Town of Hempstead, Kate Murray, John E. Rottkamp, David P. Weiss, Gerald C. Marino, Katuria E. D'Amato, John F. Ragano, Frank A. Mistero, Joseph F. Pellegrini, Kimberly A. Perry, Anthony J. Santino, Gary Hudes.

Peter Sullivan, Joseph E. Macy, Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City, NY, for Defendant Daniel M. Fisher.


MEMORANDUM & ORDER

I. Background...367

a. Factual background...367 i. The parties...367 ii. The Town's laws...367 iii. The Wantagh Property...369 iv. The Bellmore Property...379 b. Procedural background....

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