1:25-cv-10652•Niehoff v. The Barnstable Waterways Committee et al
Gesamter Gesetzestext
Karl Niehoff,
United States District Court
District of Massachusetts
Plaintiff,
v.
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Civil Action No.
25-10652-NMG
The Barnstable Waterways
Committee et al,
Defendants.
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MEMORANDUM & ORDER
GORTON, J.
This case arises out of the revocation of the mooring
servicers license of plaintiff Karl Niehoff , doing business as
AGL Mooring and Dock ("plaintiff" or "Niehoff"). Plaintiff
contends that defendants Gerard T. Horn, Deputy Harbormaster,
the Town of Barnstable, the Barnstable Waterways Committee and
all individual members of that committee (collectively,
"defendants") violated his due process rights under the Fifth
and Fourteenth Amendments of the United States Constitution.
Fo r the reasons state below and because plaintiff ' s
administrative appeal was sufficient to protect his right to due
pr o cess, defendants motion to dismiss (Docket No. 8) will be
a l lowed and the case will be remanded to state court for further
pr oc eedings.
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Case 1:25-cv-10652-NMG Document 11 Filed 12/29/25 Page 1 of 7I . Background
A. Facts
The Town of Barnstable, Massachusetts, has created
regulations that set forth the requirements and administrative
procedures associated with the issuance of professional licenses
to mooring servicers . Niehoff has been a licensed mooring
servicer in Barnstable since 2007 and has serviced over 400
moorings .
In August, 2022 , plaintiff received correspondence from
Deputy Harbormaster , Gerald Horn , informing plaintiff that his
license was in jeopardy of non - renewal . Horn included several
allegations in support of that warning , including failures to
service moorings properly and their subsequent breakages.
Despite the warning , plaintiff ' s license was renewed in 2023 and
2024 .
On October 8 , 2024 , Niehoff received a second letter from
Horn informing him that the Marine and Environmental Affairs
Department ("MEA") had decided to re voke plaintiff's license
effective November 1, 202 4, and that his customers would be
notified on that date. That letter contained allegations of
misconduct , including failures to maintain lifejackets on his
service boats and a cont inu ed pattern of broken moorings.
On October 22 , 2024 , plaintiff ' s counsel alerted Horn and
the Town of Barnstable Waterways Committee ("the Waterways
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Case 1:25-cv-10652-NMG Document 11 Filed 12/29/25 Page 2 of 7Committee " ) of plaintiff ' s intention to appeal the termination under Barnstable Code §406-18(M) (3) . On November 19 , 2024 , the Waterways Committee convened a hearing on plaintiff ' s appeal via videoconference . The hearing was continued on December 17 , 2024 , after which the Waterways Committee voted to uphold the revocation . Plaintiff ' s customers were informed of the revocation the following day . B. Procedural History Niehoff filed his complaint , which contained claims under both state and federal law , in Barnstable Superior Court in February , 2025 . Defendants timely removed the case to federal court in March , 2025 , on the basis of federal question jurisdiction and filed their answer to the complaint shortly after . In May , 2025, the Court held a scheduling conference during which it directed the parties to brief plaintiff ' s federa l due process claim to help the Court determine whether it has jurisdiction over the case . Defendants filed the pending motion to dismiss Count II (the federal claim) and plaintiff time l y opposed . II. Motion to Dismiss A. Legal Standard To survive a motion to dismiss pursuant to Fed . R . Civ . P . 12(b) (6) , the plaintiff must state a claim for relief that is -3- Case 1:25-cv-10652-NMG Document 11 Filed 12/29/25 Page 3 of 7
actionab l e as a matter of law and plausible on its face. Ashcroft v. Iqbal , 556 U. S . 662 , 678 (2009). A claim is facially plausible if , after accepting as true all non - conclusory fact u al allegations , the court can draw the reasonable i nference that the defendant is liable . Ocasio - Hernandez v . Fortuno-Burset , 640 F . 3d 1 , 12 (1st Cir. 20 11 ) . B. Application The parties appear to disagree on the legal theory under which plaintiff brings his claims. Defendant has moved to dismiss plaintiff claim on the grounds that he fails to allege a violation of his substantive due process rights. Because the complaint is more fairly read as asserting a violation of his right to procedural due process , that is the standard by which the motion will be resolved . The Due Process Clause of the Fifth and Fourteenth Amendments to the Untied States Constitution impose constraints on the government ' s ability to deprive individua l s of liberty or property. Mathews v . Eldridge, 424 U.S . 319 , 332 (1976). To state a claim for relief, plaintiff must first establish the depri v ation of a protected liberty or property interest. Cleveland Bd . of Educ . v . Loudermill , 470 U.S. 532 , 546 (1985). Due process is flexible and calls for such procedural protection as is warranted under the circumstances but generally requires n o tice and an opportunity to be heard . Mathews, 424 U.S. of 334 . - 4- Case 1:25-cv-10652-NMG Document 11 Filed 12/29/25 Page 4 of 7
. - In determining what process is due, the Court must balance the public and private interests at stake, the r isk of erroneous deprivation and the probable benefit of additional safeguards. Id. at 335. Niehoff claims he has a constitutionally protected property interest in his mooring servicers license. Defendants do not address that claim but the Court will assume, arguendo, that such an interest exists. Plaintiff contends that the appeal process afforded to him was insufficient to protect his right to due process. Although he alleges that his initial notice of termination included no instructions on appeal procedure, it is clear from the record that plaintiff was afforded two hearings before the Waterways Committee. Those proceedings were held before the revocation of his license became effective. The Court concludes that such procedures were sufficient to meet the requirements of due process. While plaintiff clearly has a strong interest in maintaining his professional license, the government has an equal , if not greater, interest in maintain ing the integrity of the public harbor. The risk of erroneous deprivation throughout those proceedings was low because plaintiff was given two separate opportunities to confront the case against him and to offer a defense. Finally, because plaintiff was afforded the opportunity to challenge the - 5- Case 1:25-cv-10652-NMG Document 11 Filed 12/29/25 Page 5 of 7
.... revocation in a Town Committee , before any adverse action was taken , it is unclear what benefit additional procedural safeguards would have provided . Plaintiff has failed to state a claim on which relief can be granted and defendants ' motion to dismiss Count II will therefore be allowed. III. Remand to State Court In dismissing plaintiff ' s sole federal law claim , the Court must proceed to determine whether to remand this case to state court for further proceedings . The Court may decline to exercise supplemental jurisdiction when it has dismissed all claims over which it has original jurisdiction. 28 U.S . C . §1367 (c) (3) . Indeed , other sessions of this District Court have found that dismissal of state law claims un der such circumstances is required . See , e.g ., Connolly v . Dep ' t of Conserv3tion & Recreation , 768 F. Supp . 3d 214 , 221 (D . Mass . 2025) . This Court will instead remand the case to the state court from which it originated . -6- Case 1:25-cv-10652-NMG Document 11 Filed 12/29/25 Page 6 of 7
ORDER For the forgoing reasons , defendants' motion to dismiss the complaint in part is GRANTED and Count II is DISMISSED . The case is hereby REMANDED to state court for further proceedings . So ordered. Dated : December 2? , 2025 Nathaniel M. Got on Senior United States District Judge \ -7- Case 1:25-cv-10652-NMG Document 11 Filed 12/29/25 Page 7 of 7
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