January 27, 2022

On January 27, 2022, DSB obtained an Order from a federal Magistrate Judge denying a request for further discovery, with a recommendation that the matter be dismissed in its entirety.  The case, which has been pending since 2013, sought to have a town’s rental permit requirement and various provisions of the Town Code related to property maintenance declared void.  All of the claims but two had previously been disposed of.  As to those two claims, the Court found that one had been abandoned due to the Plaintiff’s failure to respond to DSB’s arguments in favor of dismissal, and the other claim was untimely.  Plaintiff will have an opportunity to object to the recommendation before it is considered by the District Judge.