LAROE ESTATES, INC., Movant-Appellant, v. TOWN OF CHESTER, Defendant-Appellee, 693 F. App'x 69

SUMMARY ORDER Following our July 6, 2016 decision in Laroe Estates, Inc. v. Town of Chester, 828 F.3d 60 (2d Cir. 2016), the Town of Chester appealed to the United States Supreme Court. The Supreme Court vacated this Court’s judgment in favor of Laroe Estates (“Laroe”) and remanded the case for further proceedings. Town of Chester v. Laroe Estates, Inc., — U.S. -, 137 S.Ct. 1645, 198 L.Ed.2d 64 (2017). The Supreme Court held that “an intervenor of right must have

Article III standing in order to pursue relief that is different from that which is sought by a party with standing.” Id. at 1651. In the present case, the Supreme Court determined, “[i]t is unclear whether Laroe seeks the same relief as Sherman or instead seeks different relief, such as a money judgment against the Town in Laroe’s own name,” id., or “whether Laroe believes the Town is directly liable to Sherman or Laroe for the taking,” id. at 1652 (quotation marks omitted). “This confusion,” the Supreme Court instructed, “needs to be dispelled.

If Laroe wants only a money judgment of its own running directly against the Town, then it seeks damages different from those sought by Sherman and must establish its own

Article III standing in order to intervene. We leave it to the Court of Appeals to address this question on remand.” Id. Because resolving the ambiguity identified by the Supreme Court is likely to require a factual inquiry that this Court lacks the institutional capacity to perform, we now remand to the United States District Court for the Southern District of New York to consider “whether Laro'e seeks the same relief as Sherman or instead seeks different relief, such as a money judgment against the Town in Laroe’s own name,” id. at 1651, and, if the latter, whether it can “establish its own

Article III standing” in order to be able to seek that relief, id. at 1652. Depending on the findings and rulings it makes in considering these questions, the District Court may enter such orders and conduct such further proceedings as the District Court deems appropriate, Any further appeal in this case will be assigned to a new panel in the ordinary course. We hereby REMAND to the District Court for further proceedings in accordance with this order. The motion of Nancy Sherman, Executrix to intervene in this case on appeal is DENIED as moot.