Essex One, LLC v. Town of Essex, et al.

Plaintiff filed an action in New York State Supreme Court, Essex County, alleging pendant state law claims and violations of the Due Process and Equal Protection Clauses of the Fourteenth Amendment against the Town of Essex and members of its Planning Board.  April J. Laws removed the case to United States District Court, Northern District of New York and filed an FRCP Rule 12(b) motion seeking dismissal of the Complaint in its entirety.  Although not exercising supplemental jurisdiction of the state law claims, the Court dismissed all of Plaintiff’s federal claims brought pursuant to Section 1983.