Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law, reviews two cases: 'LaVertu v. The Town of Huntington,' where the court was faced with a town that allegedly retaliated against plaintiffs after plaintiffs released a YouTube video opposing the town's proposed housing project; and 'Walden Gardens v. Burns,' where the court ruled against residential use limitation - on public policy grounds—and held that the tenant in the case may operate a licensed day care center in her co-op.
October 01, 2014 at 12:00 AM
1 minute read
Land Use—Development—Town Allegedly Retaliated Against Plaintiffs After Plaintiffs Released YouTube Video Opposing Town’s Proposed Housing Project—First Amendment—Equal Protection—Substantive Due Process
A federal magistrate judge recommended that the defendant town’s motion to dismiss be granted as to the plaintiffs’ First Amendment and due process claims, denied as to plaintiffs’ equal protection claim and that the plaintiffs be given leave to replead. Both parties filed objections.
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