Federal claims against borough and its employees dismissed.
Our attorneys obtained judgment in favor of a local borough and its employees/agents following numerous rounds of motions to dismiss in the Western District. The plaintiff, a construction contractor, brought suit alleging the borough violated its constitutional civil rights by failing to issue it a grading permit in the time it perceived as reasonable. The matter is more generally described as a land use dispute, involving the plaintiff’s excessive dumping and destruction of a local sewer line, thus jeopardizing the health and safety of the local residents. In support of dismissal, we argued that no substantive due process rights were violated, and that the civil conspiracy claim as to the individual defendants failed as a matter of law. The court agreed and granted the plaintiff leave to amend. Failing to heed our position, the plaintiff filed an additional complaint, to which we again moved to dismiss. The court agreed with our arguments and dismissed the federal claims, with prejudice.