The Spiegel Case
In response to the APA's enforcement order, the Spiegels filed a federal lawsuit alleging equal protection violations because the Agency is only enforcing the permit against them, while ignoring the rest of Fawn Ridge.
1. Amended Complaint -- In which the Spiegels allege that the APA violated their federal constitutional rights by enforcing the permit against only them.
2. APA Answer to Amended Complaint -- In which the APA denies the allegations.
3. Privitera Affidavit -- Affidavit that narrates the entire history of the dispute
4. Spiegel Memo of Law in Support of SJ -- In which the Spiegels ask the United States District Court to grant them judgment.
5. APA Memo in Opposition -- In which the APA opposes the Spiegels' motion and claims that their enforcement actions were rational.
6. Spiegel Reply Memo of Law -- In which the Spiegels refute the APA's claims.
7. NDNY Opinion and Order -- In which the United States District Court recognizes some of the troubling aspects of this case, but nonetheless dismisses it because the APA's actions did not rise to the level of federal scrutiny.
In response to the Spiegels' commencement of the federal law suit, the APA sued in state court to enforce the APA's administrative order requiring the Spiegels to demolish their home. Even though the APA did not impose civil penalty, the AG seeks substantial civil penalties in addition to knocking the home down. The Spiegels move for summary judgment asking the Court to exercise its equitable power under the APA Act to order amelioration of the permit violations.
1. APA's Complaint -- In which the State of New York seeks civil penalties and an order destroying the Spiegel home.
2. Memo of Law in Support of Cross-Motion -- In which the Spiegels deny the allegations in the complaint.
3. Memo of Law in Support of Cross-Motion -- In which the Spiegels ask the Court to order amelioration of the permit violations pursuant to Executive Law 813(2), which is in the best interests of all involved.
4. EDR Expert Report -- In which the Spiegels prove that lowering their home by 9 feet would have the same visual impact as destroying the home and building a "compliant" home on the same lot
6. NYS Responding MOL -- In which the State of New York refuses to recognize the Court's power and ignores the Park Act.
7. Lalonde Affidavit -- In which the State attempts (but fails) to discredit the EDR Expert Report.
8. Reply Memo of Law -- In which the Spiegels refute the Agency's attempt to usurp the Court's power.
We are awaiting Judge Muller's decision...
