Justia Zoning, Planning & Land Use Opinion Summaries

The Fifth Circuit reversed the district court's dismissal of Cherry Knoll's complaint against the City of Lakeway, the city manager, and HDR Engineering in a dispute over a plat of land that Cherry Knoll had purchased in Lakeway. Cherry Knoll asserted a claim against the City under 42 U.S.C. 1983 for violating its rights to procedural due process, substantive due process, and equal protection by filing the Subdivision Plats without its consent and over its objection. The court held that these allegations satisfied the standard for official municipal policy under Pembaur v. City of Cincinnati and the district court erred in finding otherwise.The court also held that the district court erred in determining that the city manager was entitled to the protection of qualified immunity at the Rule 12(b)(6) stage. Finally, the court held that Cherry Knoll's well-pleaded factual allegations and supporting documents make plausible its claim that HDR was a "willful participant in joint action" for purposes of section 1983. Accordingly, the court remanded the matter and reinstated Cherry Knoll's state law claims. View "Cherry Knoll, LLC v. Jones" on Justia Law

The city owned land and a townhome in New Orleans after 1998; its previous owner, Jett, neglected to pay his taxes. Notwithstanding its recorded ownership, the city instituted Code Enforcement proceedings against Jett in 2012. The Garretts purchased the property on October 2, 2015, and recorded the conveyance on October 14. They claim that the building was structurally sound. The city continued to pursue Jett. An administrative judgment was entered on October 30, ordering Jett to pay fines and warning that the building could be demolished. A lien was recorded on December 7. The Garretts were not named and received no notice. On January 15, 2016, their realtor noticed a sign advising upcoming demolition of the property. They contacted the city, which canceled the lien. E-mail exchanges indicated that the Garretts intended to resolve all code issues. On January 27, the city demolished the townhouse. Denying the Garretts' request for compensation, the city sent a bill for the demolition costs. They did not appeal but filed suit alleging denial of due process and just compensation. The district court dismissed the claim as jurisdictionally unripe because they failed to seek compensation in state court. The Fifth Circuit vacated, finding the due process claim, predicated on lack of notice and a hearing, ripe, given the uncertainty of remedies in a state court inverse condemnation suit. The court concluded that the other claims were ripe or would be best resolved in the same suit. View "Archbold-Garrett v. New Orleans City" on Justia Law