Attorneys obtained a Fed. R. Civ. P. 12(b)(6) dismissal of a case involving the application of Kelo v. City of New London, 545 U.S. 469 (2005)

Attorneys obtained a Fed. R. Civ. P. 12(b)(6) dismissal of a case involving the application of Kelo v. City of New London, 545 U.S. 469 (2005).  The attorneys’ represented a nonprofit economic development corporation, its president, and its executive director, who had been involved in events leading up to an eminent domain proceeding against two sets of residential homeowners.  The purpose of the condemnation was to make way for an industrial park.  The court ordered the case to ADR proceedings on three separate occasions, during the last of which the Plaintiffs repeatedly turned down very substantial settlement offers.  Since the United States District Court ordered the many sets of Defendants to file motions jointly, the attorneys’ prepared a joint Rule 12(b)(6) motion and associated briefs on behalf of all Defendants.  The Court authored a fifty two page opinion in support of its order dismissing all federal constitutional claims with prejudice and declining supplemental jurisdiction over the state claims.