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Highview Props. D.H.F. Inc. v. Town of Monroe

Owner/Developer Lacks Standing to Assert Rights of Hasidic Jewish Community

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OPINION & ORDER Plaintiff Highview Properties D.H.F. Inc., (“Highview”), the owner and developer of a residential subdivision project called Henry Farms Realty Subdivision (the “Henry Farms Project”), brings this action under 42 U.S.C. §§1983 and 1985, the Takings Clause, the Fair Housing Act (“FHA”), 42 U.S.C. §12101, et seq., and the New York State Constitution and common law, against Defendants Town of Monroe (the “Town”); the Town of Monroe Town Board (the “Town Board”); Harley Doles, as former Town Supervisor in his official capacity; Anthony Cardone, as Town Supervisor and individually; Mary Bingham, as Monroe Town Boardmember; Richard Colon, as Monroe Town Boardmember and individually; Michael McGinn, as a Monroe Town Boardmember and individually; Gerard McQuade, Jr., as Monroe Town Boardmember and individually; and Audra Schwartz, as Town of Monroe Planning Board Chairperson, (collectively, “Defendants”). (Compl. 2, ECF No. 1.) Highview alleges that Defendants — motivated by religious discrimination against Hasidic Jews — deprived it of its due process rights by enacting legislation that prevents it from developing a plot of land within the Town and making housing available to Hasidic Jews. (Id.

1-16.) Specifically, Highview alleges that Defendants (i) adopted a temporary moratorium on all land subdivisions that had already received conditional final approval; (ii) denied its exemption/variance application from the moratorium; and (ii) enacted local laws targeting Highview and the Hasidic Jewish community, such as a zoning law that significantly reduces the permitted density in residential areas of the Town, as well as a law restricting accessory apartments. (Id.

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