O'Melveny's 2018-2019 Pro Bono Review

O’MELVENY PRO BONO PROGRAM REVIEW 2018- 2019 26 recreational, and research programs, welcoming scores of schoolchildren from all over the state. The Nature Center is only accessible by a narrow, winding road, and S&R Development, LLC, a real estate company, attempted to build a dense multi-family housing development on that road. The Nature Center opposed the development, concerned that it would impair the wildlife habitat, disrupt the serenity of the preserve, and bring with it an onslaught of traffic, noise, and light. S&R filed a complaint in the Southern District of New York alleging that the Nature Center, among others, illegally stopped it from being able to complete its proposed project. The complaint sought $26 million in damages from all defendants, along with punitive damages and attorneys’ fees. On behalf of The Nature Center, O’Melveny argued that its opposition to the development was protected by the First Amendment and that, in any event, it was not The Nature Center that had prevented S&R from building the project. The district court agreed and dismissed The Nature Center from the case. O’Melveny has since worked with The Nature Center to address document requests and helped defend the deposition of a former Nature Center employee who was named as a non-party deponent. In 2017, the non-profit Greenburgh Nature Center in New York honored O’Melveny for its pro bono service .

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