Newsday - Utility Liability Arising From Handling of Tropical Storm Isaias

 

East Meadow Woman Blames PSEG Long Island for Death of Dog from Heat, Newsday, 8/20/2020

NYLJ Article - Housing Discrimination: Nagivating the Landscape for Local Govt's

I'm proud to share an article I wrote that was published today in the New York Law Journal.

Housing Discrimination: Navigating the Landscape for Local Governments

It discusses, generally, when and how local decision makers should consider the potential impact of their actions on protected classes, particularly in the housing and land use context.

Mhany Mgmt, Inc. v. County of Nassau - Settled

Top  from left to right, Scott J. Kreppein, Nassau County Attorney Jared A. Kasschau, Deputy County Executive For Economic Development Evlyn Tsimis, Members of New York Communities for Change; Bottom from left to right: Nassau County Director of Housing and Community Development Kevin J. Crean, County Executive Laura Curran, and Frederick Brewington.  Photo Credit: New York Law Journal / Law.com.

One of the largest cases I've worked on during my career settled on March 15, 2019.  In the 2005 lawsuit, a group of non-profits challenged land use and zoning policies in the Village of Garden City and throughout the County of Nassau as violating, among other things, the Fair Housing Act.  The matter was dismissed as against Nassau County, but went to trial against Garden City.  After a finding of liability at trial as against the Village, the matter went before the Second Circuit Court of Appeals, both as to the finding against the Village, and as to the earlier dismissal against the County.  

On appeal, the trial verdict against the Village of Garden City, and affirmed the finding that, although having some "authority to override local zoning control" under specific circumstances, the federal Court of Appeals could not find that it had an affirmative"responsibly" to exercise that authority "[a]bsent further guidance from the New York Court of Appeals."  Mhany Mgmt. v. County of Nassau, 819 F.3d 581 (2016).  

However, the Court of Appeals reversed the dismissal against the County, and remanded for further consideration with respect to the "claims against Nassau County" that were stated "more generally" regarding its policies and practices with respect to affordable housing, particularly with repsect to HUD-funded programs, and whether the allegations and evidence supported claims "under 42 U.S.C. § 3604(a) (Section 804(a) of the FHA) and Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d." Id. 

Following remand, my prior firm was assigned the matter as outside counsel, and I was assigned day-to-day responsibilities on the case.  After years of of discussions and discovery, including extensive evaluation of County's land use and housing policies over the last fifty years, the County and the Plaintiffs were able to reach an amicable resolution.  

The details of the settlement are discussed in the “County's Press Release," and the matter was covered by Newsday and the Long Island Business News, and referred to as a "Landmark Settlement" by the New York Law Journal and Law.com.  I am the guy on the top left of the photo above,  from the NYLJ's front page. 

Reuters - Utility Liability Following Hurricane Sandy

Reuters, 11/9/2012 -- "Can Customers Sue Power Companies for Outages? Yes, but it's Hard to Win.," by Allison Frankel

Constitutional Case Covered by Smithtown News

One of my cases was reported on in the Smithtown News last week:

"A Smithtown lawyer has taken on a pro bono case to help defend a Port Jefferson Station resident in his effort to fight an alleged red light camera violation, with evidence that the yellow interval at that intersection was malfunctioning at the time of the alleged violation.... Mr. Kreppein will argue that Mr. Buttaro was deprived of due process of law and should have been permitted to present a defense at the hearing rather than being told he had to wait for a later appeal hearing. 'In this case, Appellant was not permitted to present a defense. Appellant was, essentially, taken into a room and told that he was guilty, no matter what, with no opportunity to present evidence, cross-examine a witness, or even have the merits of his defense considered by the Court.'"

(Read More: "Smithtown lawyer challenges red-light-camera ticket," by Corey Adwar, The Smithtown News, 9/14/2012).

Smithtown News - Due Process and Red Light Cameras

 Smithtown News, 9/14/2012 -- Smithtown lawyer challenges red-light-camera ticket," by Corey Adwar

Employment Discrimination Lawsuit Featured on News 12 Long Island

One of my employment discrimination cases was featured on Long Island News 12 last night.  The story is available on their website. ("LI man sues Nature's Bounty for alleged racial discrimination," 5/22/2012).   The case was previously covered in the New York Law Journal (here [subscription required]), and the Court's May 1, 2012 decision denying summary judgment and permitting the case to be decided by a jury can be read here.  In its decision, the Court comments that although "Defendant argues a single, race-neutral remark is insufficient to raise an inference of discrimination. This argument ignores the fact that disallowing Plaintiff s 'kind' from using a specific door reasonably could be interpreted by a jury as discriminatory." 

News 12 - Discrimination Claim By Warehouse Worker

News 12 Long Island, 5/22/2012 -- LI Man Sues Nature's Bounty for Alleged Racial Discrimination