15-1086-cv Laroe Estates, Inc. v. Town of Chester UNITED STATES COURT OF APPEALS FOR THE SECO ND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NO T HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILE D ON OR AFTER JANUARY 1, 2007 IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32. 1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WI TH THIS COURT, A PARTY MUST CITE EITHER TH E FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDE R MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESEN TED BY COUNSEL.

At a stated term of the United States Court of Appeals for the Seco nd Circuit, held at 1 the Thurgood Marshall United Stat es Courthouse, 40 Foley Sq uare, in the City of New 2 York, on the 25 th day of July, two thousand seventeen. 3 4 PRESENT: GUIDO CALABRESI, 5 GERARD E. LYNCH, 6 RAYMOND J. LOHIER, JR., 7 Circuit Judges. 8

-------------------------------------- ---------------------------- 9 10 LAROE ESTATES, INC., 11 12 Movant-Appellant , 13 14 v. No. 15-1086-cv 15 16 TOWN OF CHESTER, 17 18 Defendant-Appellee. 19 20

-------------------------------------- ---------------------------- 21 22 FOR APPELLANT: J OSEPH J. H ASPEL , Joseph J. Haspel, PLLC, Goshen, 23 NY. 24 25 FOR APPELLEE: A NTHONY F. C ARDOSO (Steven C. Stern, on the brief ), 26 Sokoloff Stern LLP, Carle Place, NY. 27 282 On remand from the United States Supreme Court. 1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, 2
AND DECREED that the case be REMANDED to the United Stat es District Court for the 3
Southern District of New York. 4 Following our July 6, 2016 decision in Laro e Estates, Inc. v. Town of Chester, 828 5 F.3d 60 (2d Cir. 2016), the Town of Chester a ppealed to the United States Supreme Court. 6 The Supreme Court vacated this Court’s judgment in favor of Laroe Estates (“Laroe”) and 7 remanded the case for further proceedings. Town of Chester v. Laroe Estates, Inc., 137 S. 8 Ct. 1645 (2017). The Supreme Court held that “an intervenor of right must have Article 9 III standing in order to pursue relief that is different from that which is sought by a party 10 with standing.” Id. at 1651. In the presen t case, the Supreme Cour t determined, “[i]t is 11
unclear whether Laroe seeks the same relief as Sherman or instead seeks different relief, 12 such as a money judgment against the Town in Laroe’s own name,” id., or “whether Laroe 13 believes the Town is directly liable to Sher man or Laroe for the taking,” id. at 1652 14 (quotation marks omitted). “This confusion,” the Supreme Court inst ructed, “needs to be 15 dispelled. If Laroe wants only a money judgme nt of its own running directly against the 16 Town, then it seeks damages different from thos e sought by Sherman an d must establish its 17 own Article III standing in order to intervene. We leave it to the Court of Appeals to 18 address this question on remand.” Id. 19 Because resolving the ambiguity identified by the Supreme Court is likely to require 20 a factual inquiry that this Court lacks the in stitutional capacity to perform, we now remand 21
to the United States District Court for the S outhern District of New York to consider 22
“whether Laroe seeks the same re lief as Sherman or instead seek s different relief, such as a 23 money judgment against the Town in Laroe’s own name,” id. at 1651, and, if the latter, 24
whether it can “establish its own Ar ticle III standing” in order to be able to seek that relief, 25
id. at 1652. 263 Depending on the findings and rulings it make s in considering these questions, the 1 District Court may enter such orders and con duct such further proceedings as the District 2 Court deems appropriate. Any further appeal in this case will be assigned to a new panel 3 in the ordinary course. 4 We hereby REMAND to the District Cour t for further proceedings in accordance 5 with this order. The motion of Nancy Sherma n, Executrix to interv ene in this case on 6 appeal is DENIED as moot. 7
FOR THE COURT: 8
Catherine O = Hagan Wolfe, Clerk of Court 9
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