After a two week trial, a Rockland County jury rejected a developerâs claims that he had been stymied in his development of a large subdivision. The developer claimed, in a hard-fought 10 year battle, that the Village of Pomona had repeatedly and illegally asked for money in lieu of the donation of parkland. The developer thus sought damages for a substantive due process violation under 42 U.S.C. 1983. The case was modeled on the famous Magee v Orangetown $5.3 million verdict.
The jury, however, refused to accept plaintiffâs claims against Pomona as there was proof plaintiff developed other portions of the subdivision, and ultimately sold the portion at issue.
Michael A. Miranda and Gerald C. Waters tried the case for the Village and its named officials.(Summit at Pomona et al v Village of Pomona et al., 1949/00 Hon. Robert Berliner 4/20/10)