For Immediate Publication
Lake Placid, New York
September 12, 2012
COURT WILL NOT DISMISS LANDOWNER'S LAWSUIT CLAIMING MALICIOUS
AND OTHER CIVIL RIGHTS VIOLATIONS BY ADIRONDACK PARK AGENCY AND THE ADIRONDACK COUNCIL
United States District Court Judge Glenn T. Suddaby refuses to dismiss Leroy Douglas and his family's business' lawsuit against the Adirondack Park Agency, The Adirondack Council and other named APA and Council employees and representatives in a 121-page decision released yesterday, September 11. In the ruling Judge Suddaby found among other things that "based on the facts alleged by Plaintiffs, it appears that it would have been clear to a reasonable official that his conduct was unlawful in the situation confronted." Judge Suddaby also rejected The Adirondack Council's argument that its alleged method of communicating with the Adirondack Park Agency was protected speech or qualified as a Constitutional right to petition government (under the First Amendment). Judge Suddaby noted in his decision that Plaintiffs have sufficiently set forth factual allegations that The Adirondack Council's communications with the Adirondack Park Agency led to public official misconduct and/or involved unlawful corrupt or unethical means. In addition, Judge Suddaby ruled that based on the facts asserted by Plaintiffs that The Adirondack Council and its members could be considered "State Actors" and therefore have liability imposed on them as if they were indeed State officials because Plaintiffs allege facts plausibly suggesting that The Adirondack Council defendants and the Adirondack Park Agency defendants "reached a meeting of the minds as what actions to take against Plaintiffs," which included opening a new enforcement action against Plaintiffs despite the settlement of a previous such enforcement proceeding. Finally, Judge Suddaby refused to disqualify Plaintiffs' attorney Matthew Norfolk as requested by the Adirondack Park Agency and allowed Plaintiffs to amend their Complaint to include an additional cause of action against The Adirondack Council defendants for tortuous interference with a contract (i.e., the settlement agreement entered into between the Adirondack Park Agency and Plaintiffs).
A copy of Judge Suddaby's 121-page decision and order is attached as a pdf. file.
Matthew D. Norfolk, Esq.
briggs Norfolk LLP
2296 Saranac Avenue
Lake Placid, New York 12946