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Calverton Hills Homeowners Ass'n Inc. v. Nugent Bldg. Corp.

Court Declines Declaration That County Owns Sewage Plant, Is Responsible for Maintenance

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MEMORANDUM OF DECISION & ORDER

*1 Currently before the Court is a decades-old dispute between the Plaintiffs, Calverton Hills Homeowners Association, Inc. (the “Association”) and Neuer Inc. (“Neuer”) (together, the “Plaintiffs”) and the Defendants, Nugent Building Corp. (“Nugent”), the County of Suffolk (the “County”), the Suffolk County Department of Health Services (“DHS”), and other associated government agencies (together, the “Defendants”) over the ownership and maintenance of the sewage treatment plant which services the Calverton Hills residential development in Calverton, New York.On June 30, 2016, the Plaintiffs commenced this action by filing a complaint that alleges eight causes of actions against the Defendants, namely, violations of 42 U.S.C. §1983 for deprivation of rights under the Fourth, Fifth, and Fourteenth Amendments of the United States Constitution as well as pendent state law claims. The Plaintiffs are seeking monetary damages as well as equitable relief in the form of a preliminary and permanent injunction declaring the County as owner of the sewage treatment plant, and requiring the County to operate, maintain or replace the above-mentioned plant.On October 6, 2017, the Defendants filed a motion to dismiss the complaint, pursuant to Federal Rule of Civil Procedure (“FED. R. CIV. P.” or “Rule”) 12(b)(1), and Rule 12(b)(6). The following day, the Plaintiffs filed a motion for a preliminary injunction seeking to declare the County as owner of the plant and to require the County to operate, maintain or replace the plant. The Court ordered and received additional briefings on both motions. Both motions were fully briefed on December 6, 2017.On December 8, 2017, the Court heard oral argument on both motions.

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