January 28, 2016, Melville, New York: On January 25, 2016, Famighetti & Weinick, PLLC filed an emergency application in Suffolk County Supreme Court on behalf of its client, a 69 year old disabled Vietnam War Veteran. The application alleged that a Long Island town had unlawfully removed three antique cars and other personal property from the client’s garage and was threatening to demolish the garage. Although the client had agreed to demolish a house on the property, which had been damaged by a fire, the client did not agree to demolish the detached garage. The court application alleged that the client had not been given notice that the garage would be demolished also and that the demolition would not be appropriate or lawful because the town determined that the garage was stable.
On January 28, 2016, F&W partner, Peter J. Famighetti, appeared before Supreme Court Justice Daniel Martin, to argue on behalf of the client. The town also appeared and argued why its actions were appropriate. Ultimately, Justice Martin agreed with Famighetti and issued a temporary restraining order enjoining the town or its agents from demolishing the garage until a hearing can be held on the matter.
Now that the emergency application has been granted, F&W will attempt to prove that the town violated the client’s Constitutionally protected due process rights and that applicable portions of the town code under which the town purportedly acted in this case, are unconstitutional. The Firm will further seek a permanent injunction against the town.
If you have a question about temporary restraining orders, injunctions, or the Constitutionality of a municipality’s actions, the civil rights lawyers at Famighetti & Weinick, PLLC may be able to help. Call us at 631-352-0050 or visit our website at https://www.linycemploymentlaw.com.