Lost Lake Holdings LLC v. Town of Forestburgh

Background

Lost Lake Holdings LLC and Mishconos Mazah LLC brought this action against the Town of Forestburgh; the Forestburgh Town Board; the Forestburgh Zoning Board of Appeals; and several town officials sued in their official or specified capacities. On March 9, 2023, the defendants filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(1), which concerns subject-matter jurisdiction, and Rule 12(b)(6), which concerns whether a complaint adequately states a claim. The defendants’ motion raised standing and ripeness issues, among others.

Court’s action

After the court ordered a response, the plaintiffs’ counsel submitted a letter addressing standing and ripeness. The court stated that deciding the motion at that time would be premature. It therefore ordered the plaintiffs, by April 7, 2023, to notify the court whether they intended to file an amended complaint in response to the motion or would rely on the existing complaint.

If the plaintiffs chose not to amend, the motion would proceed under the Federal Rules of Civil Procedure and the local civil rules. The court stated that it was unlikely to grant the plaintiffs another opportunity to amend to address deficiencies made apparent by the fully briefed motion. If the plaintiffs chose to amend, they had to file the amended complaint within 14 days after notifying the court. Within 21 days after the amendment, the defendants could answer, file a motion to dismiss the amended complaint, or notify the court that they would rely on the original motion.

Disposition and significance

The opinion did not grant or deny the defendants’ motion to dismiss. Instead, Judge Vincent L. Briccetti postponed deciding that motion and set procedures for the plaintiffs’ choice about amendment. The order addressed case management and the timing of a possible amended complaint; it did not decide the underlying claims, standing, ripeness, or the asserted dismissal grounds.