Full opinion text
KENNETH M. KARAS, District Judge: Plaintiffs Mosdos Chofetz Chaim, Inc. (“Mosdos”), Yeshiva Chofetz Chaim, Inc. (“YCC”), Rabbi James Bernstein (“Bernstein”), Moshe Ambers (“Ambers”), Rabbi Mayer Zaks (“Mayer Zaks”), and Rabbi Aryeh Zaks (“Aryeh Zaks”) (collectively, “Plaintiffs”) filed this action against Defendants the Village of Wesley Hills (“Wesley Hills”), the Mayor and the Board of Trustees of Wesley Hills, Robert H. Frankel, Edward B. McPherson, David A. Goldsmith, Robert I. Rhodes, Jay B. Rosenstein (together, the “Wesley Hills Defendants”), the Village of New Hempstead (“New Hempstead”), the Mayor and Board of Trustees of New Hempstead, Robert A. Moskowitz (together, the “New Hemp-stead Defendants”), the Village of Pomona (“Pomona”), the Mayor and Board of Trustees of Pomona, Herbert I. Marshall, Nicholas L. Sanderson (together, the “Pomona Defendants”), the Village of Chestnut Ridge (“Chestnut Ridge”), the Mayor and Board of Trustees of Chestnut Ridge, Jerome Kobre, Howard L. Cohen (together, the “Chestnut Ridge Defendants”), the Village of Montebello (“Montebello”), the Mayor and Board of Trustees of Montebel10, Kathryn Ellsworth a/k/a Kathryn Gorman, Jeffrey Oppenheim (together, the “Montebello Defendants”), and John Does 1-37 (collectively, “Defendants”). Plaintiffs allege claims under 42 U.S.C. § 1982 (“§ 1982”), 42 U.S.C. § 1983 (“§ 1983”), and 42 U.S.C. § 1985 (“§ 1985”) for violations of and conspiracy to violate their rights under the Free Exercise and the Free Assembly Clauses of the First and Fourteenth Amendments and the Equal Protection Clause of the Fourteenth Amendment, as well as claims under the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq. (“RLUIPA”), the Fair Housing Act, 42 U.S.C. § 3604 et seq. (“FHA”), the New York State Constitution, Article I, §§ 3 & 11, and New York Civil Rights Law Section 40-c. Plaintiffs seek injunctive and compensatory relief. Wesley Hills Defendants, New Hemp-stead Defendants, Chestnut Ridge Defendants, and Montebello Defendants move to dismiss this action pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(6), and 13(a). Pomona Defendants move to dismiss this action pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). For the following reasons, the Court grants Defendants’ Motions and dismisses this case without prejudice. I. Background A. Factual Background For the purpose of resolving the instant Motions, the Court accepts as true all facts alleged in Plaintiffs’ Complaint. 1. The Parties Plaintiffs are religious corporations and individuals affiliated with the Chofetz Chaim sect of the Orthodox Jewish community, all of whom allege an interest in the operation of Kiryas Radin, “a religious educational institution and center for religious activity and prayer,” at a location known as the Nike Site. (Compl. ¶¶ 4, 8-13, 40.) Plaintiff Mosdos is a religious corporation that owns the Nike Site. (Id. ¶ 8.) Plaintiff YCC, also a religious corporation, is the former owner of the Nike Site, and it has partnered with Mos-dos to operate Kiryas Radin. (Compl. ¶¶ 31-33.) See Vill. of Chestnut Ridge v. Town of Ramapo, No. 07-CV-9278, 2008 WL 4525753, at *5 (S.D.N.Y. Sept. 30, 2008) (“Chestnut Ridge II”). Plaintiffs Aryeh Zaks and Meyer Zaks are individuals who are religious leaders of the YCC, and Plaintiffs Bernstein and Ambers are individuals who seek to study and live at Kiryas Radin. (Compl. ¶¶ 10-13.) Defendants are five Villages (the ‘Village Defendants”) located within the Town of Ramapo (“Ramapo”), as well as current and former officials of each of those Villages (the “Individual Defendants”). (Id. ¶¶ 14-30.) Plaintiffs have filed this action to challenge alleged discriminatory conduct by Defendants, which Plaintiffs argue violate their civil rights. (Id. ¶¶ 1-5.) 2. The Village Incorporation Movement Beginning in the 1970s, Orthodox and Hasidic Jewish families “began to reside in [Ramapo] in increasing numbers.” (Id. ¶ 45.) According to Plaintiffs, the influx of Orthodox and Hasidic Jews to Ramapo and its surrounding areas prompted a “village incorporation movement,” in which residents of Ramapo “began to establish villages for the purpose of controlling who resided within each village.” (Id. ¶¶ 45-46 (internal quotation marks omitted).) Defendant Villages Montebello, Chestnut Ridge, Wesley Hills, and New Hempstead were allegedly formed as part of this movement. (Id. ¶ 46.) Specifically, Plaintiffs contend that “[t]he purpose of the village formation movement was to exercise control over zoning and planning and not provide for or otherwise accommodate” the increasing Orthodox and Hasidic Jewish population. (Id. ¶ 47.) While Plaintiffs do not allege that Defendant Pomona was incorporated as part of this movement, Plaintiffs allege that Pomona also was “incorporated to ... provide local zoning regulations inconsistent with the religious practices of the Orthodox and Hasidic Jewish communities.” (Id. ¶ 100.) 3. Defendant Villages’Allegedly Discriminatory Zoning Plaintiffs allege that Defendants have enacted discriminatory zoning provisions with the purpose of excluding members of the Orthodox Jewish community. (Id. ¶¶ 98, 101-03, 117, 119, 122.) New Hemp-stead’s zoning code is allegedly “designed to create enormous difficulty for ultra religious and Hasidic Jews to reside within its boundaries.” (Id. ¶ 98.) Pomona’s zoning laws are also allegedly discriminatory, as they “prevent Yeshivas of any form or kind from coming into their jurisdiction” and exclude “religious assemblies” from them jurisdiction. (Id. ¶¶ 101-03.) Likewise, Wesley Hills, Chestnut Ridge, and Montebello have allegedly promulgated “zoning regulations inconsistent with the religious practices of the Orthodox and Hasidic Jewish communities.” (Id. ¶¶ 107, 119, 122.) Finally, Plaintiffs allege that Wesley Hills has implemented land use regulations designed to “keep out ultra religious and Hasidic people.” (Id. ¶ 117.) J. The Prior New Hempstead Litigation YCC purchased the Nike Site from the federal government around May 30, 1997. (Def. Vills. of Chestnut Ridge, Montebello, Wesley Hills, and New Hempstead’s (“Def. Vills.’ ”) Ex. C, Stipulation and Order of Dismissal, Yeshiva Choeftz Chaim Radin, Inc. v. Vill. of New Hempstead, No. 97-CV-4021 (S.D.N.Y. Dec. 14, 2000) 2). At the time, the Nike Site was under the jurisdiction of New Hempstead. (Id. at 1.) Around the time YCC purchased the Nike Site, New Hempstead officials allegedly “informed various government agencies,” including the Occupational Safety & Health Administration, the United States Army Corps of Engineers, and the Environmental Protection Agency, that the Nike Site was contaminated with lead and friable asbestos. (Compl. ¶ 81.) During the same time period, New Hempstead officials also allegedly notified the East Ramapo Local School Board “that the work involved in renovating the property would endanger the young lives attending the Colton School,” which is located near the Nike Site. (Id. ¶ 84.) Further, New Hempstead officials allegedly notified the New York State Department of Environmental Conservation (“DEC”) that the Nike Site was unsafe due to the presence of asbestos. (Id. ¶ 88.) Plaintiffs allege that the New Hempstead officials’ representations to these government bodies were false and that they “were made to thwart [YCC’s] development and religious use” of the Nike Site. (Id. ¶¶ 82-90.) Indeed, the “DEC [allegedly] evaluated the property and found no merit behind” the claims. (Id. ¶ 91.) Nonetheless, Plaintiffs allege that the representations by New Hempstead officials “had the effect of chilling community relations and creating an environment of fear and hatred towards [YCC] and the local Hasidic community.” (Id. ¶ 92.) On June 2, 1997, YCC filed suit (“the Prior New Hempstead Litigation”) against New Hempstead, its Mayor, its Board of Trustees, and its Deputy Building inspector, alleging, inter alia, that New Hemp-stead had incorporated as a village in 1984 in order to “exercise control over zoning and planning and not accommodate the housing needs or religious practices of ultra-Orthodox Jews.” (Def. Vills.’ Ex. B, Compl., Yeshiva Choeftz Chaim Radin, Inc. v. Vill. of New Hempstead, No. 97-CV-4021 (S.D.N.Y. June 2, 1997) ¶¶24-25. ) YCC’s complaint in the Prior New Hempstead Litigation further alleged that New Hempstead had adopted exclusionary zoning provisions that excluded multi-family homes from its boundaries. (Id. ¶¶ 25-26. ) The complaint did not include any claims regarding New Hempstead’s aforementioned false representations, which Plaintiffs assert in the instant action. On December 14, 2000, Magistrate Judge Lisa Margaret Smith so ordered a stipulation of settlement between all parties to the Prior New Hempstead Litigation (the “New Hempstead Stipulation”). (Def. Vills.’ Ex. C.) In the New Hempstead Stipulation, the Parties agreed that the Nike Site would be transferred from the jurisdiction of New Hempstead to the jurisdiction of Ramapo, including its zoning code. (Id. at 3.) The Parties agreed that the Stipulation would be “full, final and with prejudice.” (Id. at 4.) 5. Revisions to Ramapo’s Zoning Code In 2001, Ramapo initiated a review of its Comprehensive Zoning Law (“CZL”), and, according to Plaintiffs, determined that the Orthodox and Hasidic Jewish population in the jurisdiction were in need of adequate housing. (Compl. ¶¶ 49-53.) To address this issue, Ramapo proposed to revise its CZL to re-zone for multi-family use certain areas previously zoned for single-family use. (Id. ¶ 54.) In addition, in spring 2004, Ramapo proposed a local law, the Adult Student Housing Law (“ASHL”), “to permit, as a conditional use, the construction and operation of ‘adult student living facilities’ in certain residential zones.” Vill. of Chestnut Ridge v. Town of Ramapo, 45 A.D.3d 74, 841 N.Y.S.2d 321, 326 (2007) (“Chestnut Ridge I ”). Plaintiffs allege that during the “period of review and comment on” the revised CZL, Defendants “started an organized campaign to defeat and block the [revised CZL] and the [ASHL] from adoption.” (Compl. ¶¶ 64-67.) Defendants “complained about the [ ][p]lan based upon issues of density,” despite “approv[ing] the development of over one thousand multifamily, high-density units in their own respective [Vjillages” and “over eight senior units” located in Ramapo, neither of which was related to the Orthodox or Hasidic Jewish community. (Id. ¶ 56.) Wesley Hills Defendants allegedly advocated, through an organization called “Preserve Ramapo,” to prevent Plaintiffs from using the Nike Site for its religious purpose. (Id. ¶¶ 108-116.) Further, New Hemp-stead Defendants allegedly made false representations regarding environmental problems at the Nike Site to federal, state, and local agencies. (Id. ¶¶ 76, 81-97.) They also allegedly “used racist remarks and racial stereotyping to install fear and misinformation” about the revised CZL. (Id. ¶ 66.) In particular, Plaintiffs allege that Rhodes, a former Trustee of Wesley Hills, made discriminatory public statements about the Orthodox Jewish community on more than one occasion. (Id. ¶¶ 108-09,115.) Defendants’ actions notwithstanding, Ramapo enacted the ASHL, Local Law No. 9-2004, on June 15, 2004. See Chestnut Ridge I, 841 N.Y.S.2d at 327; see also Chestnut Ridge II, 2008 WL 4525753, at *1. Sometime after passage of the ASHL, YCC — then the owner of the Nike Site — applied for site plan approval for construction of an adult student housing facility on the Nike Site. (Compl. ¶ 70.) In November 2004, Ramapo’s Planning Board (“Planning Board”) issued a negative declaration under New York’s State Environmental Quality Review Act (“SEQRA”), N.Y. Envtl. Conserv. Law (“ECL”) § 8-0101 et. seq., in connection with YCC’s application, “determining that the construction of the facility would not have a significant adverse impact on the environment and thus did not require the preparation of an” environmental impact statement (“EIS”). Chestnut Ridge II, 2008 WL 4525753, at *1. Around the same time, Ramapo also adopted the revised CZL. See Chestnut Ridge II, 2008 WL 4525753, at *1; Chestnut Ridge I, 841 N.Y.S.2d at 327. 6. The Chestnut Ridge Action On October 13, 2004, four of the Defendants in this action — the Villages of Chestnut Ridge, Montebello, Pomona, and Wesley Hills (the “Four Village Plaintiffs”)— along with two individual residents of Ramapo (the “Individual Chestnut Ridge Plaintiffs”) (collectively, the “Chestnut Ridge Plaintiffs”), commenced a proceeding in New York Supreme Court, Westchester County (the “Chestnut Ridge Action”) challenging the enactment of the ASHL, pursuant to Article 78 of the New York Civil Practice Law and Rules (“N.Y.C.P.L.R.”). See Chestnut Ridge I, 841 N.Y.S.2d at 327. The defendants named in the Chestnut Ridge Action were Ramapo, the Ramapo Town Board, the Ramapo Planning Board, the Ramapo Board of Appeals, YCC, and Scenic Development, LLC, a developer involved with the Nike Site (the “Chestnut Ridge Defendants”). See id. The Chestnut Ridge Plaintiffs later filed an amended petition, adding claims challenging the enactment of the revised CZL and the approval of YCC’s Nike Site plan. See id. at 327. On June 13, 2005, the New York Supreme Court granted an injunction to the two Individual Chestnut Ridge Plaintiffs, but dismissed the Four Village Plaintiffs’ claims, holding, inter alia, that they lacked standing to raise their claims. See Chestnut Ridge II, 2008 WL 4525753, at *5. On August 14, 2007, the Second Department reversed, holding that (1) the Four Village Plaintiffs had standing to raise their challenges to the ASHL and the CZL under SEQRA and New York General Municipal Law Section 239-m, and that (2) the Village of Wesley Hills had standing to challenge the issuance of the negative declaration regarding YCC’s site plan under SEQRA. See Chestnut Ridge I, 841 N.Y.S.2d at 333. The Second Department then remanded the case back to the Supreme Court. See id. at 341. Thereafter, on September 11, 2007, the Supreme Court issued a temporary restraining order (“TRO”) enjoining implementation of the ASHL and occupation of the Nike Site. See Chestnut Ridge II, 2008 WL 4525753, at *5. After the TRO was issued, Mosdos was added as a party to that litigation. See Chestnut Ridge II, 2008 WL 4525753, at *5 (describing the circumstances in which Mosdos was added as a defendant to the Chestnut Ridge Action). On December 8, 2009, the New York Supreme Court issued an unpublished decision resolving many of issues raised in the hybrid Article 78 proceeding. See Vill. of Chestnut Ridge v. Town of Ramapo [hereinafter Chestnut Ridge III], No. 16876-2004, at 20 (N.Y.Sup.Ct. Dec. 10, 2009). For example, the Court rejected the challenges to the ASHL based on alleged SEQRA violations. Id. at 3-8. Specifically, the Supreme Court held that Ramapo’s “determination to issue a negative declaration was neither arbitrary and capricious nor irrational, and that [Ramapo] identified the relevant areas of environmental concern, took the required ‘hard look’ and provided a reasoned elaboration for its [negative] determination.” Id. at 6. The Supreme Court similarly rejected SEQRA-based objections to the CZL adopted by Ramapo. Id. at 8-10. Also rejected were the claims that the ASHL amounted to impermissible spot zoning, id. at 10-12, that the ASHL violated the Municipal Home Rule Law, id. at 13, that the ASHL violated the General Municipal Law, id. at 14, and that the Ramapo Town Board’s actions in adopting the ASHL and the CZL were ultra vires, id. at 14-15. However, the Supreme Court held that the Ramapo Town Board had violated SEQRA when it issued the negative declaration as to the Nike Site, specifically noting that the Board had failed to take the required “hard look” at several areas of environmental concern, including the increased density on the character of the surrounding (Wesley Hills) community, the traffic impact of the planned use of the Nike Site, as well as the public sewer and water impacts. Id. at 15-19. In the instant action, Plaintiffs allege that the filing of the Chestnut Ridge Action was motivated by Defendants’ discriminatory animus against Orthodox Jews. (Compl. ¶¶ 71, 104-05.) According to Plaintiffs, “[although the pretext of the lawsuit is environmental concerns, the goal ... is to prevent the spread of the Orthodox and Hasidic communities through intimidation.” (Id. ¶ 71.) Plaintiffs allege that the Chestnut Ridge Action was intended “to impede the development of [the Nike Site] through the use of the judicial process.” (Id. ¶ 77.) Plaintiffs further allege that the Individual Defendants “were instrumental” to the decision of the Four Village Plaintiffs to pursue the Chestnut Ridge Action. (Id. ¶ 72.) Indeed, according to Plaintiffs, “[t]he retention of counsel and the prosecution of [the Chestnut Ridge] litigation [was] ... done to further [the Individual Defendants’] personal agendas.” (Id. ¶ 73.) At bottom, Plaintiffs claim that Defendants’ filing of the Chestnut Ridge Action violated their federal Constitutional rights under the First Amendment and the Equal Protection Clause of the Fourteenth Amendment, as well as their rights under RLUIPA and the FHA, Article I of the New York State Constitution, and New York Civil Rights Law Section 40-e. B. Procedural History Plaintiffs filed their Complaint in this action on January 8, 2008. (Dkt. No. 1.) On July 7, 2008, Wesley Hills Defendants, New Hempstead Defendants, Chestnut Ridge Defendants, and Montebello Defendants filed a Motion to Dismiss this action pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(6), and 13(a). (Dkt. No. 31.) On July 8, 2008, Pomona Defendants filed a separate Motion to Dismiss this action pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) (respectively, “Rule 12(b)(1)” and “Rule 12(b)(6)”). (Dkt. No. 35.) II. Discussion A. Standard of Review 1. Rule 12(b)(1) Where, as here, “[a] court [is] presented with a motion to dismiss under both [Federal Rule of Civil Procedure] 12(b)(1) and 12(b)(6)[, it] must decide the jurisdictional question first because a disposition of a Rule 12(b)(6) motion is a decision on the merits, and therefore, an exercise of jurisdiction.” Homefront Org., Inc. v. Motz, 570 F.Supp.2d 398, 404 (E.D.N.Y.2008) (internal quotation marks omitted); see also Pettus v. Morgenthau, 554 F.3d 293, 298 (2d Cir.2009) (“[Standing ... is intended to be a threshold issue at least tentatively decided at the outset of the litigation.”); Licensing by Paolo, Inc. v. Sinatra (In re Gucci), 126 F.3d 380, 387-88 (2d Cir.1997) (“Whether a claimant has standing is ‘the threshold question in every federal case, determining the power of the court to entertain the suit.’ ”) (quoting Worth v. Seldin, 422 U.S. 490, 498, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975)). Pursuant to Federal Rule of Civil Procedure 12(b)(1), a court must dismiss a claim if it “lacks the statutory or constitutional power to adjudicate it.” Morrison v. Nat’l Austl. Bank Ltd., 547 F.3d 167, 170 (2d Cir.2008) (internal quotation marks omitted), cert. granted, — U.S. —, 130 S.Ct. 783, 175 L.Ed.2d 513 (2009). “The plaintiff bears the burden of proving subject matter jurisdiction by a preponderance of the evidence.” Aurecchione v. Schoolman Transp. Sys., Inc., 426 F.3d 635, 638 (2d Cir.2005). In deciding a Rule 12(b)(1) motion to dismiss, the Court “ ‘must take all facts alleged in the complaint as true and draw all reasonable inferences in favor of plaintiff,’ ” Morrison, 547 F.3d at 170 (quoting Natural Res. Def. Council v. Johnson, 461 F.3d 164, 171 (2d Cir.2006)) (citation and internal quotation marks omitted), but “ ‘jurisdiction must be shown affirmatively, and that showing is not made by drawing from the pleadings inferences favorable to the party asserting it,’ ” id. (quoting APWU v. Potter, 343 F.3d 619, 623 (2d Cir.2003)). In deciding the motion, the court “may consider affidavits and other materials beyond the pleadings to resolve the jurisdictional issue, but [it] may not rely on conclusory or hearsay statements contained in the affidavits.” J.S. ex rel. N.S. v. Attica Cent. Schs., 386 F.3d 107, 110 (2d Cir.2004); see also Makarova v. United States, 201 F.3d 110, 113 (2d Cir.2000) (“In resolving a motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1), a district court ... may refer to evidence outside the pleadings.”). 2. Rule 12(b)(6) The Supreme Court has held that “[w]hile a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiffs obligation to provide the ‘grounds’ of his ‘entitle[ment] to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (internal citations omitted) (second alteration in original). Instead, the Supreme Court has emphasized that “[factual allegations must be enough to raise a right to relief above the speculative level,” id., and that “once a claim has been stated adequately, it may be supported by showing any set of facts consistent with the allegations in the complaint,” id. at 563, 127 S.Ct. 1955. A plaintiff must allege “enough facts to state a claim to relief that is plausible on its face.” Id. at 570, 127 S.Ct. 1955. If a plaintiff “ha[s] not nudged [his] claims across the line from conceivable to plausible, [his] complaint must be dismissed.” Id.; see also Ashcroft v. Iqbal, — U.S. —, 129 S.Ct. 1937, 1950, 173 L.Ed.2d 868 (2009) (“Determining whether a complaint states a plausible claim for relief will ... be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense. But where the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged— but it has not ‘show[n]’ — ‘that the pleader is entitled to relief.’ ” (internal citation omitted) (quoting Fed.R.Civ.P. 8(a)(2)) (alteration in original)). B. Standing To satisfy Article Ill’s standing requirements, Plaintiffs must show that (1) they have “suffered an injury in fact that is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) the injury is fairly traceable to the challenged action of the defendant; and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.” Pac. Capital Bank, N.A. v. Connecticut, 542 F.3d 341, 350 (2d Cir.2008) (quoting Friends of the Earth, Inc. v. Laidlaw Envtl. Servs., Inc., 528 U.S. 167, 180-81, 120 S.Ct. 693, 145 L.Ed.2d 610 (2000)); see also Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992); W.R. Huff Asset Mgmt. Co. v. Deloitte & Touche LLP, 549 F.3d 100, 106-07 (2d Cir.2008), cert. denied, — U.S. —, 129 S.Ct. 2011, 173 L.Ed.2d 1088 (2009). It is the burden of the party invoking federal jurisdiction to establish these three elements. See Lujan, 504 U.S. at 561, 112 S.Ct. 2130. However, “at the pleading stage, standing allegations need not be crafted with precise detail.” Baur v. Veneman, 352 F.3d 625, 631 (2d Cir.2003) (citing Lujan, 504 U.S. at 561, 112 S.Ct. 2130). 1. Injury in Fact To demonstrate an injury in fact, Plaintiffs must allege an “invasion of a legally protected interest which is (a) concrete and particularized and (b) actual or imminent.” Lujan, 504 U.S. at 560, 112 S.Ct. 2130 (internal quotation marks and citations omitted); see also Pac. Capital Bank, 542 F.3d at 350. To show that an injury is “concrete and particularized,” Plaintiffs must allege “that [they] personally ha[ve] suffered some actual or threatened injury as a result of the putatively illegal conduct of’ Defendants. Valley Forge Christian Coll. v. Ams. United for Separation of Church & State, Inc., 454 U.S. 464, 472, 102 S.Ct. 752, 70 L.Ed.2d 700 (1982) (internal quotation marks omitted); see also Lujan, 504 U.S. at 560 n. 1, 112 S.Ct. 2130 (“[T]he injury must affect the plaintiff in a personal and individual way.”). For an injury to be “actual or imminent,” Plaintiffs must show “that [they] ha[ve] sustained or [are] immediately in danger of sustaining some direct injury,” City of Los Angeles v. Lyons, 461 U.S. 95, 102, 103 S.Ct. 1660, 75 L.Ed.2d 675 (1983) (internal quotation marks omitted), that is not “conjectural or hypothetical,” Lujan, 504 U.S. at 560, 112 S.Ct. 2130 (internal quotation marks omitted); see also Denney v. Deutsche Bank AG, 443 F.3d 253, 264 (2d Cir.2006). “Allegations of possible future injury do not satisfy the requirements of Artficle] III.” Whitmore v. Arkansas, 495 U.S. 149, 158, 110 S.Ct. 1717, 109 L.Ed.2d 135 (1990). Instead, the threat of future injury must be “sufficiently real and immediate [so as] to show an existing controversy.” Lyons, 461 U.S. at 103, 103 S.Ct. 1660 (internal quotation marks omitted). Mosdos and YCC argue that they have suffered “clear[ ], ... demonstrable harm” from the delay in their ability to operate Kiryas Radin. (Mem. of Law in Opp. to Defs.’ Mot. to Dismiss (“Pis.’ Mem.”) 11.) The Court agrees. Specifically, Plaintiffs Mosdos and YCC have sufficiently alleged that they personally and actually suffered injury, as they jointly claim an interest in operating Kiryas Ra-din on the Nike Site, and they have been barred from doing so, despite spending money and undertaking other efforts to complete construction on the Site. (Pis.’ Mem. 11.) See Vill. of Arlington Heights v. Metro. Hous. Dev. Corp., 429 U.S. 252, 261-63, 97 S.Ct. 555, 50 L.Ed.2d 450 (1977) (holding that developer had sufficiently alleged an injury in fact where it had contracted to purchase land subject to allegedly exclusionary zoning laws, and “expended thousands of dollars” on its plans and the studies submitted in support of its plans, and where the zoning laws would prevent its plans from moving forward); see also Conn. Zebra Club LLC v. City of Norwalk, No. 99-CV-1624, 1999 WL 1427311, at *3 (D.Conn. Dec. 15, 1999) (holding that plaintiff properly established an “injury in fact sufficient to meet the requirements of standing” where the challenged government action would prohibit the use for which plaintiff had leased property and where plaintiff had already received health, zoning, and building permits and had expended funds to renovate the property for its use). Moreover, Plaintiffs Mosdos and YCC, as parties to the Chestnut Ridge action, have expended (and continue to expend) resources to litigate that case. Plaintiffs Bernstein and Ambers also have sufficiently alleged an injury in fact, as they allege that they plan to study and live at Kiryas Radin, but are barred from doing so. (Compl. ¶¶ 12-13.) Specifically, based on these allegations and those of Mosdos and YCC, the Court finds that there is a substantial probability that Bernstein and Ambers will be able to live and study at Kiryas Radin if they get the relief they seek. See Vill. of Arlington Heights, 429 U.S. at 264, 97 S.Ct. 555 (concluding that individual who sought to live in planned housing community had sufficiently alleged an injury in fact where he claimed that his efforts to obtain housing in the defendant-village was “thwarted by official action”); ACORN v. County of Nassau, No. 05-CV-2301, 2006 WL 2053732, at *11 (E.D.N.Y. July 21, 2006) (determining that individuals had alleged an injury in fact where they sought affordable housing in the defendant-locality, a developer sought to develop a specific project that would provide that affordable housing, and the locality’s zoning ordinances prevented construction). In contrast, Plaintiffs Aryeh Zaks and Meyer Zaks have failed to allege that they have personally suffered any injury from the delay in Plaintiffs Mosdos’s and YCC’s ability to operate Kiryas Radin, as required to show an injury in fact. For example, they do not allege that they intend to work, teach, or study at Kiryas Radin. Nor do they allege any other basis for finding that they themselves have been injured personally by the delay in the operation of Kiryas Radin. While both these Plaintiffs generally allege that they are “religious leaders of the [YCC]” (Compl. ¶¶ 10-11), the Court is aware of no authority, and the Plaintiffs have cited none, that confers standing on the leaders of a religious corporation based on the religious corporation’s injury. See Alternate Fuels, Inc. v. Cabanas, 538 F.3d 969, 973 (8th Cir.2008) (“[A] corporate officer cannot maintain a personal action against a third party for harm caused to the corporation, unless the officer alleges a direct injury not derivative of the company’s injury.”); Dore v. Wormley, 690 F.Supp.2d 176, 185-87 (S.D.N.Y.2010) (finding that leader of a religious congregation lacked standing to sue in her personal capacity for misrepresentation and misuse of the congregation’s funds because the alleged injuries were suffered by the congregation and not by the plaintiff); see also Yonkers Comm’n on Human Rights v. City of Yonkers, 654 F.Supp. 544, 553-54 (S.D.N.Y.1987) (noting that the chairman of a political commission lacked standing to sue regarding the revocation of the commission’s funds when the chairman did not allege any deprivation of his own personal property rights). As Plaintiffs Aryeh Zaks and Meyer Zaks have failed to allege a sufficiently particularized injury in fact, they lack standing to pursue this action, and, accordingly, their claims are dismissed. 2. Causation and Redressability A plaintiff “satisfies] the causation requirement [of Article III] if the complaint ‘avers the existence of an intermediate link between the ... [challenged government action] and the injury.’ ” Pac. Capital Bank, 542 F.3d at 350 (quoting Heldman v. Sobol, 962 F.2d 148, 156 (2d Cir.1992)) (internal brackets omitted). However, a plaintiff need not allege that a defendant’s challenged actions were the very last step in a chain of events leading to an alleged injury. See Bennett v. Spear, 520 U.S. 154, 169, 117 S.Ct. 1154, 137 L.Ed.2d 281 (1997) (noting that the “ ‘fairly traceable’ ” requirement does not demand that “the defendant’s actions [be] the very last step in the chain of causation”); Ctr. for Reprod. Law & Policy v. Bush, 304 F.3d 183, 192 (2d Cir.2002) (same). Nevertheless, to show causation, a plaintiff must at least plead facts indicating that a defendant’s actions had a “determinative or coercive effect upon the action of someone else” who directly caused the alleged injury. Bennett, 520 U.S. at 169, 117 S.Ct. 1154; see also Ctr. for Reprod. Law, 304 F.3d at 192. Causation, for example, is lacking when “the injury alleged is not fairly traceable to the Government conduct ... challenge^] as unlawful.” Allen v. Wright, 468 U.S. 737, 757, 104 S.Ct. 3315, 82 L.Ed.2d 556 (1984); see, e.g., M.J. Entm’t Enters., Inc. v. City of Mount Vernon, 234 F.Supp.2d 306, 311 (S.D.N.Y. 2002) (holding that causation was lacking where the injury would occur even in the absence of the challenged law). The redressability requirement demands that there is a “ ‘non-speculative likelihood that the injury can be remedied by the requested relief.’ ” Coal, of Watershed Towns v. EPA 552 F.3d 216, 218 (2d Cir.2008) (quoting W.R. Huff, 549 F.3d at 106-07), cert. denied, — U.S. —, 129 S.Ct. 2879, 174 L.Ed.2d 580 (2009). To meet this standard, a plaintiff must allege facts that show that it is “ ‘likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.’ ” Id. at 218 (quoting Lujan, 504 U.S. at 561, 112 S.Ct. 2130); see also Sprint Commc’ns Co. v. APCC Servs., Inc., 554 U.S. 269, 128 S.Ct. 2531, 2542, 171 L.Ed.2d 424 (2008) (“Th[e] inquiry focuses, as it should, on whether the injury that a plaintiff alleges is likely to be redressed through the litigation .... ” (emphasis omitted)). Here, Plaintiffs have sufficiently alleged that their injuries were caused by the pursuit of the Chestnut Ridge Action by Wesley Hills Defendants, Pomona Defendants, Chestnut Ridge Defendants, and Montebello Defendants. For example, Plaintiffs Mosdos and YCC adequately allege that they have been injured by having to expend resources litigating the Chestnut Ridge Action. In addition, the filing of the Chestnut Ridge Action and the resulting issuance of the TRO prevented Kiryas Ra-din from operating on the Nike Site, thereby causing Plaintiffs’ alleged injuries. The redressability requirement of the standing analysis also is met because the injuries allegedly caused by the filing of the Chestnut Ridge Action could be redressed at a minimum through compensatory damages, which Plaintiffs have requested. Therefore, Plaintiffs have adequately alleged causation and redressability with respect to their claims based on the filing of the Chestnut Ridge Action. To the extent Plaintiffs seek to challenge the Defendant Villages’ allegedly discriminatory zoning laws, however, Plaintiffs have not adequately alleged a link between those zoning laws and their claimed injuries. Plaintiffs generally allege that Defendants designed their zoning laws to keep the Orthodox Jewish community out of the Villages. (Compl. ¶¶ 98, 101, 117, 119, 122.) However, Plaintiffs have not alleged that they suffered any injury in fact as a result of Defendants’ allegedly discriminatory zoning laws. For example, Plaintiffs have not alleged that they have “a present interest in any ... property” within the Villages, that they are personally “subject to the [challenged] ordinance[s],” or that they have “been denied a variance or permit by ... officials” of the Defendant Villages. Warth, 422 U.S. at 504, 95 S.Ct. 2197; see also Regensberger v. City of Waterbury, 04-CV-1900, 2008 WL 3992650, at *7 (D.Conn. Aug. 25, 2008) (holding that plaintiff had not alleged an injury in fact where it had not yet submitted its site plan for review, and, therefore, it had not been “adversely affected” by the law). Nor have Plaintiffs alleged that they have concrete plans to take any action within the Defendant Villages that would subject them to the Vil- lages’ zoning laws in the immediate future. Cf. Vill. of Arlington Heights, 429 U.S. at 264, 97 S.Ct. 555 (holding that plaintiffs sufficiently alleged an injury where plaintiff-developer had contracted to purchase land subject to those zoning policies and there was a particular non-speculative project planned); ACORN, 2006 WL 2053732, at *11 (holding that plaintiffs had alleged an injury in fact where plaintiff-developer had concrete plans to build on a site that was subject to allegedly exclusionary zoning laws). Plaintiffs argue that they have standing to challenge the allegedly discriminatory zoning laws of the Defendant Villages because the “claim of standing to interfere in projects outside [the Defendant Villages’] borders was partially accepted by the Appellate Division in Chestnut Ridge.” (Pis.’ Mem. 12.) Contrary to Plaintiffs’ argument, however, the Chestnut Ridge Plaintiffs’ standing to pursue the Chestnut Ridge Action under SEQRA and the New York General Municipal Law against Ramapo and the developers of the Nike Site is irrelevant to Plaintiffs’ standing to pursue all of their claims in this case. See generally DaimlerChrysler Corp. v. Cuno, 547 U.S. 332, 352, 126 S.Ct. 1854, 164 L.Ed.2d 589 (2006) (“[Parties] must demonstrate standing for each claim [they] seek[ ] to press.”). Also, nothing in Plaintiffs’ Complaint suggests that the Villages’ zoning laws have had any impact on the delay in operation of Kiryas Radin on the Nike Site. Indeed, it is clear from the face of Plaintiffs’ Complaint that the Nike Site is not subject to the zoning laws of any of the Defendant Villages, as the Nike Site falls under Ramapo’s sole jurisdiction, as provided in the New Hempstead Stipulation, (Compl. ¶¶ 8, 40; Def. Vills.’ Ex. C.) See M.J. Entm’t Enters., 234 F.Supp.2d at 311 (holding that causation was lacking where challenged zoning ordinance “d[id] not apply to the ... [zjoning [district where [the plaintiffs’ property] [was] located”). Nor have Plaintiffs shown an adequate link between Plaintiffs’ claimed injury and the allegedly false representations made by New Hempstead Officials to federal, state, and local government agencies in or around 1997 and 2004. (Compl. ¶¶ 76, 81-97.) By Plaintiffs’ admission, the bulk of these representations were never credited by government officials. (Id. ¶¶ 76, 91.) Moreover, the Complaint contains no allegations suggesting that any federal, state, or local agencies acted to delay operation of Kiryas Radin on the basis of the allegedly false’ representations. Therefore, there are insufficient allegations linking these alleged actions by New Hempstead Officials to Plaintiffs’ alleged injuries to confer standing on Plaintiffs to pursue these claims. Because Plaintiffs have failed to demonstrate that they have standing to pursue any of their claims against New Hempstead Defendants, all claims against those Defendants — New Hemp-stead, the Mayor and Board of Trustees of New Hempstead, and Robert A. Moskowitz — are hereby dismissed. Plaintiffs Mosdos, YCC, Bernstein, and Ambers therefore have standing to pursue their claims against Wesley Hills Defendants, Pomona Defendants, Chestnut Ridge Defendants, and Montebello Defendants solely for their pursuit of the Chestnut Ridge Action. C. Failure to Allege Compulsory Counterclaims Defendants argue that Plaintiffs Mosdos and YCC are barred from pursuing their claims against the Village Defendants because those claims should have been filed as compulsory counterclaims in the Chestnut Ridge Action under Federal Rule of Civil Procedure 13 (“Rule 13”). For the following reasons, this Court agrees. Plaintiffs Mosdos and YCC filed their Answer in the Chestnut Ridge Action on October 19, 2007, three days after Mosdos removed the case to federal court. See Answer and Counterclaims, Chestnut Ridge II (S.D.N.Y. Oct. 19, 2007). Because Plaintiffs Mosdos and YCC submitted their answer while the case was pending in federal court, they were “required to set up [their] defenses and compulsory counterclaims, if any, subject to the terms and exceptions of Rule 13.” Donnkenny, Inc. v. Nadler, 544 F.Supp. 166, 169 (S.D.N.Y.1982); see also Fed. R.Civ.P. 81(c) (stating that the Federal Rules of Civil Procedure govern after removal); Sage Realty Corp. v. Ins. Co. of N. Am., 34 F.3d 124, 129 (2d Cir.1994) (holding that Rule 13, and not New York law, governed the counterclaims in a case removed to Federal court). Rule 13(a)(1)(A) provides that: A pleading must state as a counterclaim any claim that — at the time of its service — the pleader has against any opposing party, if the claim ... arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim____ Fed.R.Civ.P. 13(a)(1)(A). “[A]n absolute identity of factual backgrounds” is not required to render a counterclaim compulsory. Jones v. Ford Motor Credit Co., 358 F.3d 205, 209 (2d Cir.2004) (quoting United States v. Aquavella, 615 F.2d 12, 22 (2d Cir.1979)); see also MMZ Assocs., Inc. v. Gelco Corp., No. 06-CV-3414, 2006 WL 3531429, at *3 (S.D.N.Y. Dec. 8, 2006) (“Although this action and the Minnesota Action are not identical, combining the actions will serve the interest of judicial economy by preventing likely duplication of effort.”). Rather, “[a] claim is compulsory if a logical relationship exists between the claim and the counterclaim and if the essential facts of the claims are so logically connected that considerations of judicial economy and fairness dictate that all the issues be resolved in one lawsuit.” Critical-Vac Filtration Corp. v. Minuteman Int’l, Inc., 233 F.3d 697, 699 (2d Cir.2000) (internal emphasis, brackets, and quotation marks omitted); see also Jones, 358 F.3d at 209 (noting that a claim is compulsory if it “ ‘arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim[,]’ ... and [the Second] Circuit has long considered this standard met when there is a logical relationship between the counterclaim and the main claim” (quoting Fed.R.Civ.P. 13(a)(1)(A))); E.E.O.C. v. Amertac Holdings Inc., No. 03-CV-6128, 2007 WL 3165796, at *3 (S.D.N.Y. Oct. 10, 2007) (“[T]his standard [is] met when there is a logical relationship between the counterclaim and the main claim.” (internal quotation marks omitted)). “If a party has a compulsory counterclaim and fails to plead it, the claim cannot be raised in a subsequent lawsuit.” Critical-Vac Filtration Coup., 233 F.3d at 699. Here, the claims asserted by Plaintiffs Mosdos and YCC were compulsory counterclaims that should have been raised (and, indeed, some were raised) as counterclaims in the Chestnut Ridge Action. In the Chestnut Ridge Action, the Defendant Villages claimed that Ramapo’s enactment of the ASHL and the CZL violated various statutory and constitutional provisions and that the Ramapo Planning Board failed to comply with SEQRA in connection with YCC’s site plan application. In their counterclaims in the Chestnut Ridge Action (“Chestnut Ridge counterclaims”), Plaintiffs Mosdos and YCC alleged the same factual background that forms the basis for this action — namely, in sum, that the operation of Kiryas Radin on the Nike Site is critical to Plaintiffs’ religious practice, that the Villages have historically exhibited discriminatory animus against the Orthodox and Hasidic Jewish community, that Defendants mounted a racially-charged campaign to prevent Ramapo’s enactment of the ASHL and CZL, and that after the enactment of the ASHL and CZL, the Four Village Plaintiffs filed the Chestnut Ridge Action out of discriminatory animus toward the Orthodox and Hasidic Jewish community. Defs.’ Answer and Counterclaims ¶¶ 333-36, Chestnut Ridge II (S.D.N.Y. Oct. 19, 2007) (alleging that construction and operation of a rabbinical college on the Nike Site is critical to the religious practice of the Orthodox Jewish community); id. ¶¶ 337-42 (alleging that the Villages surrounding Ramapo incorporated in order to discriminate against the Orthodox Jewish community); id. ¶¶ 343-62 (explaining the background of Ramapo’s adoption of its CZL and ASHL); id. ¶¶ 363-64 (alleging that Defendants had illicit motives in filing the Chestnut Ridge Action). Of particular relevance here, the Chestnut Ridge counterclaims alleged that in “fíl[ing] suit to stop the promulgation of the [ASHL],” the Villages’ “pretext ... [was] environmental concerns, [but] the goal of the Village[s][was] to prevent the spread of the Orthodox and Hasidic communities through intimidation.” Id. ¶ 363. The Chestnut Ridge counterclaims also alleged that “[t]he Villages’ challenge to [Ramapo’s] Recent Enactments, which are set forth in the instant lawsuit, was designed to create a forum to impede the development of Mosdos’s Real Property through the use of the judicial process.” Id. ¶ 367. Based on these factual allegations, Plaintiffs Mosdos and YCC asserted claims for injunctive relief under § 1983 for violations of the Free Speech and Free Assembly Clauses of the First and Fourteenth Amendments, RLUIPA, and the FHA. See id. ¶¶ 369, 373, 377, 381, 385-86. Based on the same factual allegations, Plaintiffs in this action have alleged claims under §§ 1982,1983 and 1985 for violations of the Free Exercise and the Free Assembly Clauses of the First and Fourteenth Amendments, the Equal Protection Clause of the Fourteenth Amendment, RLUIPA, the FHA, the New York State Constitution, Article I, §§ 3 & 11, and New York Civil Rights Law Section 40-c, and they seek injunctive and compensatory relief. The Second Circuit addressed a parallel factual scenario in Critical-Vac. See 233 F.3d at 700. In that case, the defendant, Minuteman, had previously filed suit against the plaintiff, Critical-Vac, for patent infringement. Id. at 698. After successfully defeating that action by showing that Minuteman’s re-issue patent was fraudulently obtained, Critical-Vac filed suit against Minuteman, alleging that Minuteman engaged in antitrust violations by, inter alia, engaging in a sham litigation by filing the first action based on the fraudulently-obtained re-issue patent. Id. at 699. The Second Circuit affirmed the dismissal of Critical-Vac’s suit on the grounds that the claims were barred by the compulsory counterclaim rule. See id. at 700-04. In its analysis, the Second Circuit emphasized that there existed a “logical relationship” between Critical-Vac’s sham litigation claims and “issues addressed by the earlier ... suit,” e.g., the validity of Minuteman’s re-issue patent. Id. at 700 (internal quotation marks omitted). Moreover, the Court noted that Critical-Vac did not “allege[] [in the second action] any facts that arose after the filing of its answer in the [prior patent infringement] litigation.” Id. Here, Plaintiffs allege that the Chestnut Ridge Action was a pretext for illegal actions by the Village Defendants. As in Cñtical-Yac, the question of whether the Chestnut Ridge Action is a mere pretext for illegal action is one that is logically intertwined with the validity of the Village Defendants’ legal claims. Because the validity of these claims will be determined in the Chestnut Ridge Action, the “essential facts of the[se] claims are so logically connected that considerations of judicial economy and fairness dictate that all the issues should be resolved in one lawsuit.” Id. at 699 (internal quotation marks and emphasis omitted). Also, as in Crtical-Vac, Plaintiffs “ha[ve] not now alleged any facts that arose after the filing of its answer in the [first] litigation.” Id. at 700. Indeed, “all these facts were not only known to [Plaintiffs], they were pleaded in the first action.” Id. (internal quotation marks and brackets omitted). Thus, Plaintiffs Mos-dos and YCC were required to raise their claims against the Village Defendants as compulsory counterclaims in the Chestnut Ridge Action. Accordingly, those claims are hereby dismissed. A slightly different question arises with regard to Individual Defendants because these Defendants were not parties to the Chestnut Ridge Action. The answer turns on whether Individual Defendants, sued in their personal or official capacities, could be considered “opposing parties” within the meaning of Rule 13(a). The Court recognizes that the plain language of Rule 13(a) applies only to “opposing parties.” See Fed.R.Civ.P. 13(a)(1) (“A pleading must state as a counterclaim any claim that ... the pleader has against an opposing party ....” (emphasis added)); see also HID Global Corp. v. Leighton, No. 07-CV-1972, 2007 WL 3566705, at *3 (N.D.Ohio Nov. 15, 2007) (allowing plaintiff to pursue claim against defendant who was “not an ‘opposing party’ within the plain meaning of Rule 13(a)”). The Second Circuit has extended the meaning of “opposing party” to encompass entities that are “one and the same for the purposes of th[e] litigation,” such as when the non-party “acted as one” with the party that appeared in the previous action. Banco Nacional de Cuba v. First Nat’l City Bank of N.Y., 478 F.2d 191, 193 (2d Cir.1973) (finding that the Cuban government and its national bank acted as one entity for purposes of the litigation (internal quotation marks omitted)); accord Transamerica Occidental Life Ins. Co. v. Aviation Office of Am., Inc., 292 F.3d 384, 391 (3d Cir.2002) (noting that an unnamed party could be considered an “opposing party” for purposes of Rule 13 if it was “functionally equivalent” as the named party, controlled the previous litigation, or was “the alter ego of the named party”); Peaktop Techs. (USA), Inc. S’holder Derivative Litig. v. Peaktop Int’l Holdings Ltd., No. 06-CV-8228, 2007 WL 700826, at *2-3 (S.D.N.Y. Mar. 6, 2007) (holding that claims against defendants who were not parties to the previous lawsuit were barred as compulsory counterclaims when, as a wholly-owned subsidiary, the defendant represented the “same interests” as the entity that was a party to the previous lawsuit). Here, because claims against officials in their official capacities are duplicative of claims against governmental entities, see Kentucky v. Graham, 473 U.S. 159, 165, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985) (“Official-capacity suits ... ‘generally represent only another way of pleading an action against an entity of which an officer is an agent.’ ” (quoting Monell v. Dep’t of Soc. Servs. of the City of N.Y., 436 U.S. 658, 690 n. 55, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978))), the Individual Defendants, when sued in their official capacities, are “one and the same” as the Village Defendants. As a result, the Individual Defendants in their official capacities are “opposing parties” within the meaning of Rule 13(a), and Mosdos’s and YCC’s claims against these officials are barred as unpled compulsory counterclaims. See United States v. Phila. Marine Trade Ass’n/Int’l Longshoremen’s Ass’n Vacation Fund, 471 F.Supp.2d 518, 527 (E.D.Pa.2007) (finding that the United States was an “opposing party” and “should be bound by Rule 13(a)” when the plaintiff sued only the Commissioner of Internal Revenue Service because “the Commissioner of the Internal Revenue is clearly the functional equivalent of the United States and vice versa” (internal quotation marks omitted)). However, Defendants have asserted no argument, and the Court can think of none, supporting the proposition that the Individual Defendants, sued in them individual capacities, would be “functionally equivalent” to or “one and the same” as the Village Defendants. Indeed, the Second Circuit has recently noted that when a plaintiff sues in one capacity, a defendant may not assert a compulsory counterclaim against that plaintiff in a different capacity. DEF v. ABC, No. 08-CV-4908, 366 Fed.Appx. 250, 253, 2010 WL 567336, at *2 (2d Cir. Feb. 18, 2010) (upholding dismissal of counterclaim brought against plaintiff in its “regulatory capacity” because the plaintiff, in this capacity, did not qualify as an opposing party under Rule 13 when plaintiff sued in “its capacity as assignee”); see also Banco Nacional de Cuba v. Chase Manhattan Bank, 658 F.2d 875, 885 (2d Cir.1981) (holding that under the opposing party requirement, “when a plaintiff has brought suit in one capacity, the defendant may not counterclaim against [the plaintiff] in another capacity”). In sum, the Court declines to stretch the meaning of “opposing party” that far. See GIA-GMI, LLC v. Michener, No. 06-CV-7949, 2007 WL 1655614, at *4 (N.D.Cal. June 7, 2007) (“To accept the expansive definition of the term [opposing party] ... would erode [Rule 13’s] clarity to the point that litigants would simply have to guess in each individual case whether a court would determine that a potential defendant to a counterclaim is an ‘opposing party.’ ”); Sony Fin. Servs., LLC v. Multi Video Group, Ltd., No. 03-CV-1730, 2003 WL 22928602, at *4-5 (S.D.N.Y. Dec. 12, 2003) (“Unless defendants have clear notice as to what entities constitute an ‘opposing party’ under Rule 13, there is a danger that these defendants will later be unwittingly barred from asserting otherwise valid claims.”), adopted by 2004 WL 194027 (S.D.N.Y. Feb. 2, 2004). Because the Individual Defendants, in their personal capacities, were not opposing parties in the Chestnut Ridge Action, Plaintiffs (including Mosdos and YCC) are not barred from bringing their claims against these Defendants. See HID Global, 2007 WL 3566705, at *3 (denying defendant’s motion to dismiss on Rule 13(a) grounds when defendant was not an opposing party to the previous litigation); First African Trust Bank, Ltd. v. Bankers Trust Co., No. 94-CV-4995, 1995 WL 422269, at *2 (S.D.N.Y. July 14, 1995) (finding that plaintiffs claim was not barred by the compulsory counterclaim rule because the claim was brought against a defendant who was not a party to the previous action); see also Noel v. Hall, 341 F.3d 1148, 1170 (9th Cir.2003) (finding, under parallel state law compulsory counterclaim provision, that plaintiffs claim against a defendant who was a party to the previous litigation was barred, but that plaintiff could bring his claim against the co-defendant, who was not a party to the previous litigation). In sum, Mosdos and YCC are barred by Rule 13 from bringing their claim regarding the filing of the Chestnut Ridge Action against the Village Defendants and the Individual Defendants as sued in their official capacities, and the Court dismisses these claims. However, Mosdos and YCC are not barred by Rule 13 from bringing this claim against the Individual Defendants as sued in their personal capacities. Additionally, the Individual Plaintiffs are not barred by Rule 13 from bringing this claim against the Village Defendants and against the Individual Defendants, as sued in either their personal or official capacities. D. The First Amendment Right to Petition and the Noerr-Pennington Doctrine Defendants argue that their pursuit of the Chestnut Ridge Action was protected by the First Amendment right to petition, and therefore, it cannot serve as a basis for liability on any of Plaintiffs’ claims. The First Amendment provides that the government cannot abridge the right of the people to “petition the Government for a redress of grievances.” U.S. Const, amend 1. The Supreme Court has made clear that the “right to petition [is] one of ‘the most precious of liberties safeguarded by the Bill of Rights.’ ” BE & K Constr. Co. v. Nat’l Labor Relations Bd., 536 U.S. 516, 524, 122 S.Ct. 2390, 153 L.Ed.2d 499 (2002) (quoting United Mine Workers of Am. v. Ill. State Bar Ass’n, 389 U.S. 217, 222, 88 S.Ct. 353, 19 L.Ed.2d 426 (1967)). Among other things, the right to petition protects “[t]he rights to complain to public officials and to seek administrative and judicial relief.” Gagliardi v. Vill. of Pawling, 18 F.3d 188, 194 (2d Cir.1994); accord Citizens United v. Fed. Election Comm’n, — U.S. —, 130 S.Ct. 876, 907, — L.Ed.2d — (2010) (noting that the First Amendment “protects the right ... to petition legislative and administrative bodies” (internal quotation mark omitted)). “A lawsuit can be a form of constitutionally protected petition for the redress of grievances.” Creek v. Vill. of Westhaven, 80 F.3d 186, 192 (7th Cir.1996); see also Cal. Motor Transp. Co. v. Trucking Unlimited, 404 U.S. 508, 510, 92 S.Ct. 609, 30 L.Ed.2d 642 (1972) (“The right of access to the courts is indeed but one aspect of the right to petition.”); United States v. Robinson, No. 92-CV-345, 1995 U.S. Dist. LEXIS 22327, at *11-12 (D.Conn. Jan. 26, 1995) (“The filing of a complaint in court is a form of petitioning activity protected by the First Amendment.”). As the Supreme Court has emphasized, however, not every lawsuit is entitled to the same degree of First Amendment protection. See, e.g., BE & K Constr. Co., 536 U.S. at 530-33, 122 S.Ct. 2390 (noting that baseless litigation receives less protection under the First Amendment); Prof'l Real Estate Investors, Inc. v. Columbia Pictures Indus., Inc., 508 U.S. 49, 56, 113 S.Ct. 1920, 123 L.Ed.2d 611 (1993) (noting that antitrust liability can be based on the filing of a “sham” lawsuit); Bill Johnson’s Rests., Inc. v. Nat’l Labor Relations Bd., 461 U.S. 731, 743, 103 S.Ct. 2161, 76 L.Ed.2d 277 (1983) (holding that “baseless litigation is not immunized by the First Amendment right to petition.”). To determine whether the Chestnut Ridge Action constitutes protected activity, the Court also has considered the applicability of the Noerr-Pennington doctrine. The Noerr-Pennington doctrine derives from two antitrust cases decided by the Supreme Court, and is rooted in First Amendment principles. See E. R.R. Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127, 136, 81 S.Ct. 523, 5 L.Ed.2d 464 (1961) (holding that “the Sherman Act does not prohibit two or more persons from associating together in an attempt to persuade the legislature or the executive [or a court] to take particular action with respect to a law that would produce a restraint or a monopoly”); United Mine Workers of Am. v. Pennington, 381 U.S. 657, 670, 85 S.Ct. 1585, 14 L.Ed.2d 626 (1965) (“Joint efforts to influence public officials do not violate the antitrust laws even though intended to eliminate competition.”). “Under the NoerrPennington doctrine, litigation as well as concerted efforts incident to litigation may not serve as a basis for an antitrust claim.” Viva Optique, Inc. v. Contour Optik, Inc., No. 03-CV-8948, 2007 WL 4302729, at *2 (S.D.N.Y. Dec. 7, 2007); see also T.F.T.F. Capital Corp. v. Marcus Dairy, Inc., 312 F.3d 90, 93 (2d Cir.2002) (“The NoerrPennington doctrine generally immunizes from liability a party’s commencement of a prior court proceeding.” (citing Cal. Motor Transp. Co., 404 U.S. at 510, 92 S.Ct. 609)). The Second Circuit has yet to decide whether “the Noerr-Pennington doctrine ... must be applied mechanically in cases outside the antitrust area.” Robinson, 1995 U.S. Dist. LEXIS 22327, at *21; see also T.F.T.F. Capital Corp., 312 F.3d at 94 (considering whether Noerr-Pennington immunity barred suit for tortious interference, but deciding that plaintiff failed to state a claim for tortious interference); Primetime 24 Joint Venture v. Nat’l Broad. Co., 219 F.3d 92, 100 (2d Cir.2000) (noting that courts have “extended NoerrPennington to encompass concerted efforts incident to litigation,” including “threat letters,” and that Noerr-Pennington applies to “good faith litigation to protect a valid copyright”); Hirschfeld v. Spanakos, 104 F.3d 16, 19 (2d Cir.1997) (declining to decide whether “the NoerrfPennington] immunity doctrine extends to non-commercial litigation” in a case alleging violations of § 1983); Suburban Restoration Co. v. ACMAT Corp., 700 F.2d 98, 100-102 (2d Cir.1983) (noting that “whether the Noerr-Pennington doctrine is mandated by the United States Constitution” has not been “definitively resolved by the Supreme Court” or squarely addressed by the Second Circuit). However, the Second Circuit has acknowledged that the doctrine is “an application of the [F]irst [A]mendment,” Suburban Restoration Co., 700 F.2d at 101, and courts within the Second Circuit have held that it is therefore “relevant outside the context of antitrust actions,” Friends of Rockland Shelter Animals, Inc. v. Mullen, 313 F.Supp.2d 339, 343 (S.D.N.Y.2004) (applying Noerr-Pennington doctrine where plaintiff claimed that “the defendant tortiously interfered with a prospective business advantage by lobbying a governmental entity”); see also In re DDAVP Direct Purchaser Antitrust Litig.,- 585 F.3d 677, 685-86 (2d Cir.2009) (noting that under Noerr-Pennington, “citizen petitions are immune from antitrust liability in light of the First Amendment”); Miracle Mile Assocs. v. City of Rochester, 617 F.2d 18, 21 (2d Cir.1980) (noting “the First Amendment protections which underlie the Noerr-Pennington doctrine”); Jackson Hill Road Sharon CT, LLC v. Town of Sharon, 561 F.Supp.2d 240, 245 (D.Conn. 2008) (“Despite its antitrust origins, the [.Noerr-Pennington ] doctrine has been held to protect the exercise of a defendant’s First Amendment rights even when such action would normally constitute tortious interference.”); Tuosto v. Philip Morris USA Inc., No. 05-CV-9384, 2007 WL 2398507, at *5 (S.D.N.Y. Aug. 21, 2007) (“Noerr-Pennington has also been applied to bar liability in state common law tort claims, including negligence and products liability claims, for statements made in the course of petitioning the government.” (citing Hamilton v. Accur-tek, 935 F.Supp. 1307, 1317 (E.D.N.Y.1996))); DirecTV, Inc. v. Lewis, No. 03-CV-6241, 2005 WL 1006030, at *5-7 (W.D.N.Y. Apr. 29, 2005) (applying Noerr-Pennington in co