MacKeeber Associates, LLC v. Town of South Windsor et al

Filing 20

ORDER granting ECF No. 13 , Motion for Temporary Restraining Order and Application for Order to Show Cause, as modified herein. Plaintiff is instructed to serve Defendants with the attached temporary restraining order forthwith. The Clerk of Court respectfully is asked to please refer this matter to a United States Magistrate Judge for a show cause hearing at which the parties can argue why the terms of this order should not be converted into a preliminary injunction. It is so ordered. Signed by Judge Omar A. Williams on 03/12/2025. (Sullivan, M)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
MACKEEBER ASSOCIATES, LLC,
Plaintiff,
v.
TOWN OF SOUTH WINDSOR, ET AL,
Defendants.

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3:25-cv-295 (OAW)

TEMPORARY RESTRAINING ORDER
Plaintiff MacKeeber Associates, LLC seeks a temporary restraining order (“TRO”)
against Defendants Town of South Windsor (“South Windsor”), Town Manager Michael
Maniscalco, Chief Building Official Marc Melanson, and Blight Enforcement Officer
Pamela Oliva, to enjoin them from selling or otherwise alienating the real property located
at 515 John Fitch Boulevard, South Windsor, Connecticut (“the Property”). 1 ECF No. 13.
The court has reviewed the motion, Defendant South Windsor’s objection thereto, ECF
No. 14, its supplemental memorandum in opposition, ECF No. 16, Plaintiff’s response,
ECF No. 17, and the record in this case.
(a) The court finds that Plaintiff has made the requisite showings to warrant entry of a
TRO. Plaintiff has presented sufficiently serious questions going to the merits of
its claim that South Windsor violated the Excessive Fines Clause of the Eighth
Amendment, so as to make it fair ground for litigation.

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The real property is scheduled to be sold in a public auction on March 13, 2025. ECF No. 16 at 5.

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(b) Plaintiff established a threat of irreparable harm if Defendant proceeds with selling
the Property. The court finds that the harm Plaintiff is likely to suffer absent a TRO
would not be redressed by legal remedies.
(c) Finally, the court finds that the benefits of granting injunctive relief to protect
Plaintiff’s interests outweigh any harm such relief might cause Defendant.

Accordingly, IT IS HEREBY ORDERED THAT:
1. Plaintiff’s Application for Temporary Injunction, ECF No. 13, is GRANTED, as
modified herein.
a. Defendants are restrained and enjoined from enforcing or seeking
enforcement of the Certificate of Blight Lien on the real property located at
515 John Fitch Boulevard, South Windsor, Connecticut, and the monetary
assessments that the Blight Lien seeks to secure, including but not limited
to the current alleged principal amount of said lien, together with any other
costs and reasonable attorney’s fees.
b. Defendants are restrained and enjoined from enforcing or seeking
enforcement of the Notice of Levy and Sale of Real Estate, dated January
23, 2025, directed to 515 John Fitch Boulevard, South Windsor,
Connecticut.
c. Defendants are restrained and enjoined from selling, transferring title or
ownership, or otherwise alienating at auction or in any other manner, the
real property located at 515 John Fitch Boulevard, South Windsor,
Connecticut.

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2. Plaintiff’s Request for Waiver of Bond, ECF No. 13, is GRANTED. Due to the
balance of equities, the court will exercise its discretion to dispense with the
requirement under Federal Rule of Civil Procedure 65(c) that Plaintiff post security.
See Doctor's Associates, Inc. v. Stuart, 85 F.3d 975, 985 (2d Cir.1996). The
parties are free to argue for a different determination on this point.
3. Plaintiff’s Application for Order to Show Cause, ECF No. 13, is GRANTED. The
parties shall be referred to a United States Magistrate Judge for a hearing to show
cause why the terms of the order should not continue as a preliminary injunction
pending the determination of the case on the merits.

IT IS SO ORDERED in Hartford, Connecticut, this 12th day of March, 2025.
/s/
OMAR A. WILLIAMS
UNITED STATES DISTRICT JUDGE

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