OPINION AND ORDER The Town of Poughkeepsie (“Plaintiff” or “Town”) commenced an action on May 19, 2023 in the Supreme Court of the State of New York, County of Dutchess, against South Road Hospitality LLC (d/b/a Red Roof Plus), Hudson Conference Center LLC (d/b/a Holiday Inn Poughkeepsie), and Sandip Patel (together, “Defendants”), seeking to enjoin Defendants’ anticipated use of two hotel properties: the Red Roof Plus located at 2349 South Road, Poughkeepsie, New York and the Holiday Inn Poughkeepsie at 2170 South Road, Poughkeepsie, New York (together, the “Sites”). (Doc. 1-1, “Compl.” 2). Defendants removed this action on May 21, 2023 from state court pursuant to 28 U.S.C. §and 1446. (Doc. 1 at 1). Defendants allege, in their Notice of Removal, that “federal question jurisdiction lies over Plaintiffs’ state-law claims because they implicate significant federal issues including, but not limited to, the Supremacy Clause of the United States Constitution.” (Notice 28). The Court directed the parties, on June 1, 2023, to submit letters as to why the action should not be remanded for lack of subject matter jurisdiction. (Doc. 10). Defendants filed, on June 8, 2023, an Amended Notice of Removal, which asserted that jurisdiction exists under 28 U.S.C. §1443 in addition to 28 U.S.C. §1441. (Doc. 15, “Am. Notice”). Before the Court is Plaintiff’s motion to remand. Plaintiff filed, pursuant to the briefing schedule set by the Court, its motion to remand on July 3, 2023. (Doc. 21; Doc. 22, “Pl. Br.”). Defendants filed their opposition on July 25, 2023 (Doc. 22, “Def. Br.”), and the motion was fully briefed with the filing of Plaintiff’s reply (Doc. 24, “Reply”). Plaintiff filed a letter attaching supplemental authority on February 5, 2024 supporting remand (Doc. 29) and Defendants filed a response on February 6, 2024 (Doc. 30). Plaintiff filed a second letter on March 1, 2024 attaching additional supplemental authority supporting remand (Doc. 31) and Defendants filed a response on March 4, 2024 (Doc. 32).1 For the reasons set forth below, Plaintiff’s motion is GRANTED and this case is remanded to the Supreme Court of the State of New York, County of Dutchess. BACKGROUND The following facts are drawn from the Complaint, which the Court accepts as true for the purposes of the motion to remand. See Torres v. St. Vincent DePaul Residence, No. 22-CV-07012, 2023 WL 2754305, at *1 n.1 (S.D.N.Y. Apr. 3, 2023); Skornick v. Principal Fin. Grp., 383 F. Supp. 3d 176, 178 n.1 (S.D.N.Y. 2019).2 Because the validity of a removal petition involves a jurisdictional inquiry, the Court may draw additional facts where necessary from the parties’ submissions, such as exhibits attached to the notice of removal or the motion papers. See Romano v. Kazacos, 609 F.3d 512, 520 (2d Cir. 2010); Torres, 2023 WL 2754305, at *1 n.1; Winters v. Alza Corp., 690 F. Supp. 2d 350, 353 n.3 (S.D.N.Y. 2010). New York City (“City”) Mayor Eric Adams announced, on May 5, 2023, a program to provide up to four months of temporary shelter and other City-funded services for asylum seekers at locations in nearby New York counties. (Compl. 3). Plaintiff alleges that the City is attempting to enter into agreements with Defendants to provide temporary shelter and related services to asylum seekers at the Sites. (Id.
7, 11-15). The Sites are zoned as a “Highway Business (BH)” and the operation of a hotel is a permitted use in the BH zone. (Id. 5). Plaintiff alleges that the use of the Sites to house asylum seekers would be in violation of the Town of Poughkeepsie Code §210-13F. (Id. 7). Dutchess County Executive William F. X. O’Neill executed a Local State of Emergency and Executive Order on May 18, 2023 regarding the “migrant housing and service influx” which Plaintiff alleges “makes it a Class B Misdemeanor to engage in the behavior which the Town seeks to enjoin.” (Id.
