Former Lawrence Mayor Files To Intervene In $190 Million Developer Lawsuit Against Town of Hempstead
Martin Oliner, former Mayor of Lawrence, has filed a motion in the U.S. District Court for the Eastern District of New York to intervene in a federal lawsuit brought by developers seeking $190 million from the Town of Hempstead. It is expected that Joseph Popack will soon be joining as well.
In a statement, Oliner explains this “intervention seeks to give voice to the thousands of Five Towns residents who oppose the developers’ proposed 300+ unit high-density development at the Lawrence/Inwood LIRR stations.” Oliner expressed particular gratitude to Paris Popack for “all of her work on behalf of the community.”
The developers filed suit after the Town Board voted on November 19, 2024 to repeal the Transit Oriented Development (TOD) ordinance that would have permitted their high-density development project. A state court later invalidated that repeal because the version referred to the Nassau County Planning Commission pursuant to General Municipal Law § 239-m was not the final version the Town actually voted on.
“Over two thousand residents signed petitions and flooded town meetings opposing this development,” said Oliner. “The Town Board unanimously repealed the ordinance. But six months after the state court invalidated that repeal on a procedural technicality, the Town has done nothing to cure the defect. We cannot sit on the sidelines while our neighborhood’s future is decided without us.”
The County Planning Commission has only 30 days to review, and any objection can be overridden by a majority-plus-one vote. In a statement, Oliner notes “The Town Board’s repeal vote clearly shows the necessary support is there for a do-over.” More than six months have passed since the June 11, 2025 state court decision, and the Town has not re-enacted the repeal, despite having both the legal authority and the political support to do so.
The Town’s independent expert, Nelson, Pope & Voorhis, LLP, found the TOD ordinance “was not adequately vetted prior to its adoption” and recommended the Town “rescind or otherwise reconsider” it. The expert found the Town never consulted with police, fire districts, or emergency services about handling 300+ new residential units, relied on a flawed traffic study, and should have prepared a full Environmental Impact Statement.
Residents cite related concerns about traffic gridlock, school overcrowding, emergency service strain, parking shortages, and neighborhood character.
Oliner’s motion claims that the developers’ entire federal case rests on a false premise. The developers’ constitutional claims depend on their assertion of a vested property right in the development project. However, the motion points out that the state court already rejected this claim, explicitly finding the developers failed to prove their application was in “full compliance” with the TOD Ordinance requirements. Without a vested right, the foundation for their $190 million federal lawsuit collapses.
The motion argues Oliner is entitled to intervene as of right or in the interests of justice under Federal Rule of Civil Procedure 24 because:
As a former Mayor and nearby resident, he has significant, protectable interests in preventing direct harms from the development
The Town does not adequately represent residents’ interests, as shown by its six-month failure to cure a simple procedural defect despite unanimous support for the repeal
Any settlement could approve the development without community input.
“The Town commissioned an expert report confirming this development was approved without adequate safety analysis. The Town Board then voted to repeal it. The community needs a voice to ensure this case is fought vigorously and that every available defense is asserted,” Oliner explained. “Permitting this intervention will give voice to thousands of residents who fought for and won the repeal of this zoning ordinance that should never have been passed in the first place.”
Case Information
Case: 25 Wanser LLC and 40 Bayview LLC v. The Town of Hempstead, et al.
Case No.: 2:25-cv-05824
Court: U.S. District Court, Eastern District of New York
Filed: October 17, 2025
Proposed Intervenor-Defendant: Martin Oliner
