II. PROCEDURAL BACKGROUND
As previously stated, the plaintiffs filed the original complaint in this case on May 25,
2006. Upon service of the complaint, all three defendants moved to dismiss. [Doc. Nos. 2, 8, 9]. Before the motions to dismiss were decided, the plaintiffs filed a motion seeking to enjoin the sale of the building to Fairfield and the issuance of the building permit. [Doc. No. 28]. However, Fairfield then reached a settlement with the plaintiffs in which it agreed to pay the then nine plaintiffs cash for rent subsidies and/or relocation expenses. [Doc. No. 47]. After the Fairfield stipulation of settlement was so ordered, the plaintiffs filed an amended complaint. By the time the amended complaint was filed, the building permit had been issued by the Village, the construction had begun, and the plaintiffs had all left their apartments. Accordingly, the relief sought in the preliminary injunction motion became moot. [Doc. No. 52]. The change of circumstances was reflected in the amended complaint. Id. The amended complaint also reflects the withdrawal of the plaintiffs Lorena Umana and Oscar Ramirez and the addition of the three new plaintiffs, Ana Maria Mora Gomez, Orlando Pintor Jimenez and Marta Villatoro. Finally, the amended complaint also joins John and Michelle Tosini as defendants. John Tosini is a member of Secatogue Realty and Michelle Tosini is one of its agents. Amended Complaint at 10-11. Secatogue and the Tosini’s have filed an answer in response to the amended complaint and the Village has re-filed its motion to dismiss; the motion that is now before the undersigned. The Village argues that the claims against it must be dismissed as a matter of law. The court now turns to the Village’s arguments.
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