Judge Briccetti of the Southern District of New York granted our pre-answer motion to dismiss the plaintiff-marina owner’s complaint filed against our client, the Town of Carmel and its officials. The Plaintiff marina had alleged that the Town had violated its constitutional rights by bringing a series of actions against them seeking to enforce its zoning code and over-regulating the Plaintiffs’ operation of their commercial marina. We successfully convinced the Court that the claims against the Town were barred by the applicable 3-year statute of limitations, despite a recent State Appellate ruling in the marina’s favor. Inasmuch as that decision was the only event in the limitations period, the Federal court properly ignored it in its statute of limitations analysis.
Michael A. Miranda and Andrew Lipkowitz worked on the case for MSSSV.
