8600 Landis, LLC v. City of Sea Isle City
Decision Date | 27 March 2018 |
Docket Number | Civil No. 17-2234 (RMB/JS) |
Parties | 8600 LANDIS, LLC, Plaintiff, v. CITY OF SEA ISLE CITY, et al., Defendants. |
Court | U.S. District Court — District of New Jersey |
[Docket Nos 40, 45, 46]
APPEARANCES:
FOX ROTHSCHILD LLP
By: Timothy J. Bloh, Esq.
Christopher C. Fallon, III, Esq.
1301 Atlantic Avenue, Suite 400
Atlantic City, New Jersey 08401
Counsel for Plaintiff
MADDEN & MADDEN, P.A.
By: Patrick J. Madden, Esq.
108 Kings Highway East, Suite 200
P.O. Box 210
Counsel for Defendants City of Sea Isle City, Leonard Desiderio, George Savastano and Cornelius R. Byrne
COOPER LEVENSON, P.A.
By: Russell L. Lichtenstein, Esq.
1125 Atlantic Avenue, 3rd Floor
Atlantic City, New Jersey 08401
Counsel for Defendants Kix McNutley's and Sea Isle Inn
SWARTZ CAMPBELL LLC
By: Joseph A. Venuti, Jr., Esq.
1000 Crawford Place, Suite 220
Mount Laurel, New Jersey 08054
Counsel for Defendant Paul J. Baldini, Esq.
This suit arises out of proceedings before the City of Sea Isle City's Planning Board. Plaintiff 8600 Landis, LLC, asserts that Defendants, various City officials and two private businesses, improperly used the zoning approval and permit process to delay construction of Plaintiff's mixed use building.
Before the Court are Defendants' Motions to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). For the reasons stated herein, the Motion to Dismiss brought by Defendants Kix McNutley's and Sea Isle Inn ("the Restaurant Defendants") will be granted in its entirety, and the Motions to Dismiss filed by the other Defendants will be granted in part and denied in part.
After setting forth a legal analysis, the letter concludes that the project significantly deviates from the Planning Board approvals4, and that such "changes . . . are not de minimus in nature and cannot be implemented without review by the full Planning Board after appropriate application to amend the approved site plan." (Id.) Allegedly "as a result of" this letter, "[on] September 23, 2015 [Defendant] Byrne . . . issued . . . a Stop Work Order to Plaintiff" which caused further construction delay. (Amend. Compl. ¶ 45)
On October 1, 2015, Plaintiff filed a complaint in New Jersey Superior Court against the City of Sea Isle City "challenging the City of Sea Isle Construction Official / Zoning Officer's issuance of a Stop Work Order and denial of building permits related to a commercial space owner by [Plaintiff]."
"Plaintiff's project was completed in late May 2016." (Amend. Compl. ¶ 54)
Plaintiff contends that the delays caused by the allegedly improper denial of permits and Stop Work Order caused Plaintiff to incur specific additional costs5 and caused Plaintiff to "default" on its lease for the first floor restaurant space because Plaintiff could not deliver possession to the lessee by the date set in the lease.6 (Amend. Compl. ¶ 48)
Plaintiff further contends that Defendant Desiderio directed the delays because Plaintiff's business and Defendant Desiderio's businesses, Defendants Kix McNutley's and Sea Isle Inn, "are direct competitors in the restaurant and hospitality industry." (Amend. Compl. ¶ 58)
The Amended Complaint asserts the following claims against the Sea Isle City Defendants7 only: Count 1-- violations of Plaintiff's substantive due process rights, equal protection rights, and "right to use and enjoy its property" (Amend. Compl. ¶ 83), under the New Jersey Constitution; Count 2 -- violation ofPlaintiff's federal right to substantive due process pursuant to 42 U.S.C. § 1983; Count 3 -- violation of Plaintiff's federal right to equal protection pursuant to 42 U.S.C. § 1983; Count 4 -- "civil conspiracy under 42 U.S.C. § 1983 and § 1985"; and Count 11 -- negligence. Against all Defendants the Amended Complaint asserts: Count 5 -- tortious interference with prospective economic advantage; Count 6 -- conspiracy; Count 7 -- violation of the New Jersey Antitrust Act, N.J.S.A. § 56:9-3; Count 8 -- violation of Section 1 of the Sherman Act, 15 U.S.C. § 1; Count 9 -- unfair competition; and Count 10 - "abuse of process."
To withstand a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), "a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. at 663. "[A]n unadorned, the defendant-unlawfully-harmed me accusation" does not suffice to survive a motion to dismiss. Id. at 678. "[A] plaintiff's obligation to provide the 'grounds' of his 'entitle[ment] to relief' requires more than labels and conclusions, and a formulaic recitation ofthe elements of a cause of action will not do." Twombly, 550 U.S. at 555 (quoting Papasan v. Allain, 478 U.S. 265, 286 (1986)).
In reviewing a plaintiff's allegations, a district should conduct a three-part analysis:
First, the court must take note of the elements a plaintiff must plead to state a claim. Second, the court should identify allegations that, because they are no more than conclusions, are not entitled to the assumption of truth. Third, when there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement for relief.
Malleus v. George, 641 F.3d 560, 563 (3d Cir. 2011) ( )(quoting Iqbal, 556 U.S. at 675, 679).
Rule 12(b)(6) requires the district court to "accept as true all well-pled factual allegations as well as all reasonable inferences that can be drawn from them, and construe those allegations in the light most favorable to the plaintiff." Bistrian, 696 F.3d at 358 n. 1. Only the allegations in the complaint and "matters of public record, orders, exhibits attached to the complaint and items appearing in the record of the case" are taken into consideration. Oshiver v. Levin, Fishbein, Sedran & Berman, 38 F.3d 1380, 1384 n. 2 (3d Cir. 1994) (citing Chester Cty. Intermediate Unit. v. Pennsylvania Blue...
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