Kirschner v. Zoning Board of Appeals

John Kirschner, George Kirschner, Martha Kirschner, and J & G Central Auto Collision, Inc., d/b/a Central Auto Collision (collectively, Kirschner) (plaintiffs) filed suit against the Zoning Board of Appeals of the Incorporated Village of Valley Stream (the zoning board) (defendant), alleging that the zoning board unconstitutionally denied a permit. Kirschner alleged that the zoning board’s actions violated the Equal Protection Clause of the United States Constitution and other constitutional rights. The court granted summary judgment dismissing all of Kirschner’s claims in the second amended complaint except for the equal-protection claim, which was dismissed with leave to replead. Kirschner filed a third amended complaint with an equal-protection claim that was identical to the claim in the second amended complaint. The zoning board moved to dismiss the third amended complaint. Two days before oral arguments on the motion to dismiss, Kirschner withdrew the third amended complaint and moved for leave to file a fourth amended complaint. The court granted Kirschner leave to file a fourth amended complaint. With the court’s permission, the zoning board filed a motion for sanctions under Federal Rule of Civil Procedure (FRCP) 11, seeking total of $21,241.81. This included attorneys’ fees for 95.25 hours in responding to Kirschner’s third amended complaint, amounting to $11,906.25, Westlaw expenses of $3,973.76, and additional expenses, including an intern and attorneys’ fees for filing of the FRCP 11 motion.