A federal court judge has accepted a recommendation to dismiss more than a dozen civil rights claims filed by a Southampton Village resident and attorney against her neighbors and village officials, at the same time admonishing the resident for legal harassment.
The dismissal was filed with the U.S. District Court on November 25 by District Judge Joseph Bianco. In it, Judge Bianco adopted a recommendation filed by Magistrate Judge Thomas Boyle on July 31. Judge Bianco stated that, in arguing her case, resident Evelyn Konrad had failed to state any facts that would invalidate the statute of limitations and did not explain why the case should be heard again, since it has been considered and dismissed in the past.
In the initial recommendation, Judge Boyle said that the claims filed by Ms. Konrad need to stop and could be considered harassment. He goes as far as to say that the court will take action against Ms. Konrad if she proceeds in the future.
“Thus, the court grants defendants’ motions to dismiss the federal claims, and declines to exercise supplemental jurisdiction over any state law claims,” the decision reads. “The court also denies plaintiff’s motion to amend, as well as the various motions for sanctions. In addition for the reasons set forth herein, plaintiff’s other requests for relief from this court (including, inter alia, for protective orders and for allegedly missing documents) are denied.”
The 17 claims in the suit stem from a 2005 village zoning ordinance that altered the village code to allow construction of homes with a living space exceeding 4,500 square feet. The change paved the way for homeowners in the Rosko Place subdivision, where Ms. Konrad lives, to alter or build homes much larger than previously allowed and, according to Ms. Konrad, changed the “character of the Rosko Place subdivision.”
Also named in the suit are Village Mayor Mark Epley, former Village Trustee Paul Robinson, an assistant attorney for the village, Elbert Robinson Jr. and private landowners William Brown, Denis Guerin and Donald and Melinda Quintin.
This week, Mr. Epley said he is happy with the outcome and hopes the issue can be put to rest.
“I am just glad that the judge finally ruled on it,” he said. “Obviously, I support his decision.”