Natsis v. Turner
| Decision Date | 10 August 2020 |
| Docket Number | Civil Action No. 13-7269 |
| Parties | HELEN and KONSTANTINOS NATSIS, Plaintiffs, v. RICHARD TURNER, in his official capacity as Mayor of Weehawken, et al. Defendants. |
| Court | U.S. District Court — District of New Jersey |
NOT FOR PUBLICATION
This matter arises out of a series of disputes - spanning years - regarding Plaintiffs' residential property that has a steep slope with a leaky sewer pipe. Plaintiffs Helen and Konstantinos Natsis (individually "Helen" or "Konstantinos," collectively "Plaintiffs") sued their neighbors, the Township of Weehawken, and various individuals who work for Weehawken. Currently pending are Defendants'1 motion for summary judgment, D.E. 202, and Plaintiffs'motion for leave to file a Fourth Amended Complaint, D.E. 228. The Court reviewed all submissions made in support and in opposition to the motions2 and considered the motions without oral argument pursuant to Fed. R. Civ. P. 78(b) and L. Civ. R. 78.1(b). For the reasons stated below, Plaintiffs' Motion for Leave to File a Fourth Amended Complaint is DENIED, and Defendants' Motion for Summary Judgment is GRANTED in part and DENIED in part.
In March 2000, Plaintiffs Helen and Konstantinos Natsis purchased 347-353 Park Avenue, Weehawken, New Jersey ("Property"). Pl. Supp. SOMF ¶ 1. When Plaintiffs bought the Property, it was littered with trash, dead trees, sinks, toilet bowls, and other debris. Id. ¶ 18. Plaintiffs obtained title insurance from Old Republic National Title Insurance Company. Id. ¶ 2. It was later discovered that an easement for sewer pipes existed through the Property which Plaintiffs' neighbors - the owners of 80 Hackensack Plank Road - were responsible for maintaining. Id. ¶ 3. Defendants Harry and Denise Hodkinson purchased 76 Hackensack Plank Road which was "uphill from the Plaintiffs and was illegally plugged into the malfunctioning sewer easement." Id. ¶ 154.
Sewer waste and water regularly flowed onto the Property from the sewer lines of Plaintiffs' neighbors living above the Palisades Cliff. Id. ¶ 30. Plaintiffs complained to Weehawken municipal departments, the mayor, the media, and their neighbors about the failure to repair the broken sewer line. Id. ¶ 37. Konstantinos also frequently worked in his yard cleaning and gardening. DSOMF ¶ 19. On multiple occasions over the course of many years, Plaintiffs were issued summonses by Defendants for, among other things, failure to obtain approvals from the Planning Board before working on the Property, for violations of Weehawken's "Steep Slope Ordinance," and for public health nuisances. See, e.g., Pl. Supp. SOMF ¶¶ 20, 22, 24, 40; DSOMF ¶¶ 178-208. Defendants list about twenty-five summonses, violations, and stop construction orders issued between 2001 and 2009. DSOMF ¶¶ 178-208. Eleven of the summonses were later dismissed in municipal court. Id. ¶¶ 203-207.
Since 2001, Plaintiffs have filed many complaint letters with the Weehawken Building Department, Mayor Turner, the Weehawken Police Department, and other town and state officials. See, e.g., id. ¶¶ 60, 76, 151, 153, 162, 170, 239. Plaintiffs have applied for permits and hired their own engineers, contractors, and other experts to evaluate the Property and offer recommendations for work and permit approvals. See, e.g., id. ¶¶ 58, 61, 256. Plaintiffs claim that many of their requests for work permits have been denied by the Weehawken Building Department, Pl. Supp. SOMF ¶¶ 42, 58, 61, 265, 281, and while it is true that many have been denied, Defendants point out that a number of Plaintiffs' cited exhibits do not support this proposition. Over the years, various work has been done on the Property pursuant to court orders - without Plaintiffs' consent - regarding emergent circumstances by way of proceedings instituted by the Township. See, e.g., id. ¶¶ 53, 67, 118, 149.
Plaintiffs and certain Defendants have a history of state court litigation. On July 18, 2001, the Weehawken Municipal Court issued an order permitting the Township emergency access to the Property and requiring Plaintiffs to pay for the emergency repairs. DSOMF ¶ 4. In light of further disputes over permit denials and access to Plaintiffs' property, Plaintiffs sued the Township and several other Defendants in the Superior Court of New Jersey on May 31, 2002 (the "Natsis I Litigation"). Id. ¶ 5. Following a trial, on November 17, 2004, the state judge ordered that judgment be entered in favor of the Township and against Plaintiffs in the amount of $123,841.00. Id. ¶ 14. On December 13, 2004, that same court entered a stipulation of dismissal, but "the Township of Weehawken, Frank Tattoli, Pat Cannon, P.O. Hablitz, and Vincent Rivelli" agreed to "waive any and all statute of limitations defenses." Id. ¶ 15. On July 15, 2005, a writ of execution was entered against Plaintiffs. Id. ¶ 175. Plaintiffs appealed the judgment, resulting in the New Jersey Appellate Division reversing and remanding the matter. Id. ¶ 17. The second trial resulted in a June 3, 2008 judgment for Plaintiffs against their neighbors, the Pamperins. Pl. Supp. SOMF ¶ 201. The Pamperins are no longer parties to this matter.
On August 16, 2008, the Township filed an order to show cause and verified complaint against the Plaintiffs in Superior Court of New Jersey for work done on the Property without the proper permits (the "Natsis II Litigation"). DSOMF ¶ 18; Pl. Supp. SOMF ¶ 206. The order to show cause was granted in 2008 and a nine-day trial resulted in a February 27, 2012 judgment in favor of the Township. DSOMF ¶¶ 20, 25. Plaintiffs were directed to remediate and restore the Property in compliance with Weehawken's Steep Slope Ordinance. Id. ¶ 25. The decision was upheld on appeal. Id. ¶ 30. In January 2013, the Hudson-Essex-Passaic Soil Conservation District ("HEPSCD") issued a stop work order pertaining to construction and other activity on the Property, revoking an exemption Plaintiffs had been granted in May 2012. Id. ¶¶ 29, 246.
Konstantinos testified that "the Mayor and his officials opposed his wish[] to develop his land because he did not support [M]ayor Turner in the 2002 election." Id. ¶ 167. Helen testified that "her family has been the only ones discriminated against," but was unable to provide proof as to whether her neighbors were able to obtain approvals permitting building, renovation, or remodeling. Id. ¶ 170. Helen also testified that she had no information to support the allegation that her neighbors were political supporters of Mayor Turner. Id. ¶¶ 216-17.
The parties dispute the following facts, among many others. The parties disagree whether the Property is located in Weehawken's "Steep Slope District." Id. ¶ 79; Pl. Resp. to DSOMF ¶ 79. Defendants claim Plaintiffs must abide by the Steep Slope Ordinance, but Konstantinos testified he did not need a permit to take certain actions such as removing trees from the Property. DSOMF ¶ 88.
The parties also dispute Konstantinos' arrest history. According to the Weehawken Police Department's local arrest history tracking system, Konstantinos was arrested in April 2000, February 2002, January 2004, April 2009 (twice), and April 2012. Pl. Supp. SOMF ¶ 103. The facts of Konstantinos' February 6, 2002; January 28, 2004; and April 5, 2012 arrests are relevant to Plaintiffs' false arrest and malicious prosecution claims. DSOMF ¶¶ 219, 228, 237.
Konstantinos was arrested on February 6, 2002 by Defendant Cannon and charged under N.J.S.A. 2C:17-2(2) for "risking or causing widespread injury or damage" by breaking the sewer pipe. Id. ¶¶ 219-20. Konstantinos claims Cannon "did not have any personal knowledge" that Konstantinos broke the sewer pipe, lacked probable cause, and filed a "false and malicious" report. Pl. Supp. SOMF ¶¶ 87-88. Defendants deny these facts and claim that Cannon testified that there was probable cause based on witness statements made to him at the time. Def. Resp. to PSOMF ¶¶ 87-88; DSOMF ¶ 224. The investigative report signed by Cannon states that Cannon met withthree of Plaintiffs' neighbors who "gave hand[-]written statements that after the pipe was repaired by the city [Konstantinos] broke the pipe with a pick-axe." D.E. 202, Ex. JJJJ. The report further notes that Cannon advised Assistant Prosecutor Jack Hill of the Hudson County Prosecutor's Office of the situation and Hill stated that Cannon should criminally charge Konstantinos. Id. Defendants claim that according to a deposition, Konstantinos "understood that an assistant prosecutor made a determination that there was probable cause for his arrest," DSOMF ¶ 222, which Plaintiffs deny. Defendants state that the Township "has no further documents regarding this arrest as the information was signed out for trial in the Hudson County Superior Court in 2002 and never returned," id. ¶ 226, whereas Plaintiffs contend "the warrant application and supporting documents never existed." Pl. Resp. to DSOMF ¶ 226.
According to Plaintiffs, on January 28, 2004, Defendant Hablitz arrested Konstantinos for "failing to produce identification so that [Hablitz] could issue a summons for throwing snow into a public area in violation of a local Weehawken ordinance." Pl. Supp. SOMF ¶ 105. Plaintiffs claim that Hablitz was aware that Konstantinos' identification was in the house and that Helen was retrieving it at the time of Konstantinos' arrest. Id. According to Defendants, Hablitz testified that he arrested Konstantinos "because he was attempting to issue a summons and [Konstantinos] was not cooperating" but do not provide any further factual account of the arrest. DSOMF ¶ 229.
On April 5, 2012, Konstantinos was arrested on a warrant. Id. ¶ 245. Defendants state that Defendant Tattoli "swore out a complaint against [Konstantinos] as he was doing something with the blue stone from the foundation of the residents up top of the hill and it was causing an avalanche condition." Id. ¶ 238. Defend...
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