Fletcher v. Village of Lake Placid (2023 U.S. Dist. LEXIS 219600 (NDNY 2023])

A 42 U.S.C. Section 1983/Americans with Disabilities action was brought by Plaintiffs in federal court against the Village of Lake Placid alleging: 1) violations of procedural due process; 2) violations of substantive due process; 3) unconstitutional takings; 4) violations of equal protection; 5) abuse of process; 6) conspiracy; 7) municipal liability; 8) violations of the ADA; and 9) pendant state law claims of trespass and private nuisance. April Laws moved, pursuant to FRCP Rule 12(b), to dismiss the Complaint in its entirety and successfully obtained dismissal of the vast majority of claims, leaving just two remaining claims to be litigated. A motion seeking full summary judgment is anticipated following targeted discovery.