Summary:
Application of Different Standards, Depriving Property Owner Due Process:
A Federal Civil Rights Lawsuit filed by a Union City Property Owner against Union City, Mayor Brian Stack, the Rent Leveling Board, and its staff seeking damages for multiple violations of due process under the 14th Amendment of the Constitution. Mayor Stack, members of the Rent Leveling Board, its staff, and its lawyer are all personally named as defendants. The Civil Rights Lawsuit is the result of years of failures to properly administrate the City’s Rent Control Ordinance dating back to 2019.
Violation of the 14th Amendment – Illegal Takings Clause:
Plaintiff brings this action against Union City for damages suffered as a result of the violations of Plaintiff’s rights, privileges and immunities as secured under the United States Constitution. The Takings Clause of the Fifth Amendment, as incorporated against the States under the Fourteenth Amendment, states that “private property [shall not] be taken for public use, without just compensation.” Defendants, through a scheme orchestrated by Mayor Stack, Construction Official Martinetti, and other members of Union City’s government, and in which those government officials acted under color of law, affected a Taking of Plaintiff’s property without providing just compensation.
Depriving Property Owner of the Constitutional Right to Develop Property:
Plaintiff is not even a landlord and has never offered its Property for lease. Yet as part of a political crusade against Plaintiff, Union City/Defendants scoured northern New Jersey to solicit the former occupants of the prior owner’s building on the Property to sue Plaintiff to compel it to enter leases for its premises at below-market rates, Union City/Defendants going so far as to hire lawyers for the former occupants, and bring its municipal agencies to bear upon Plaintiff with baseless citations, fines, and building department delays.
Application of Different Standards by Union City:
Lawsuit filed against the Union City Planning Board after Board rejected developer’s fully conforming project. Arguing the resolution denying the application should be overturned as arbitrary and capricious and Palisades Vista must be permitted to develop its property in a manner that is fully consistent with all objective regulatory standards, local ordinances and the Municipal Land Use Law.
Improper Calculation of Rent – Application Different Standards, Violation of Due Process, Illegal Takings Clause:
Judge order denying Union City’s attempt to dismiss Property Owner lawsuit related to 14th Amendment/Due process and reject’s Union City’s argument that they are not liable and immune from litigation related to Rent Levelling Board decisions.
Lawsuit filed by plaintiff against Union City for improper Rent Control Administration
Lawsuit filed by plaintiff against Union City for improper Rent Control Administration