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MUCHNICK CIVIL RIGHTS SUIT AGAINST WESTHAMPTON BEACH DISMISSED

The lawsuit announced this past summer accusing past and present Westhampton Beach Village trustees and planning board members, as well as former and present Village attorneys and consultants, of constitutional violations and claiming $25 million in damages was dismissed summarily by the Federal District Court. Judge Spatt ruled that a trial was not even necessary because the complaint filed by Mr. Muchnick’s company, Westhampton Beach Associates LLC, “was not plausible”. “This is a complete vindication of the Village and its consultants.  We knew we had not come close to having violated any one’s civil rights and it is gratifying that the Court saw through this attempt”, said Hermon Bishop, Village Attorney.

Mr. Muchnick had claimed that although the Village had approved his site plan at full density, the earlier moratorium and the requirement in the final approval that Muchnick pay recreation fees and provide landscaping, denied him of due process and equal protection.  In dismissing the complaint, the federal judge ruled that the Village’s actions were not constitutional violations.

Maureen Liccione and Laurel Kretzing of the firm Jaspan Schlesinger LLP in Garden City, New York, represented the former and present Village attorneys, Richard Haefeli and Hermon “Bo” Bishop and Village planners, Kyle Collins and David Emilita.  David Arntsen and Jeltje DeJong of Devitt Spellman Barrett, LLP represented the trustees, planning board members and the building inspector.

Each of the defendants was sued in their individual and personal capacities.  “The federal judge found that attorneys and consultants performing the tasks they are hired to perform should not be subjected to these sorts of lawsuits”, said Ms. Liccione. 

The Village has asked counsel to research whether there are legal grounds to recover its attorneys’ fees from Mr. Muchnick and his company.