Liskow secured a complete victory on behalf of the City of Mandeville in a lawsuit brought by the developer and landowner of the Sucette Harbor development. Woodward Harbor, LLC, et al. v. City of Mandeville, et al., Civil Action No. 23-5824 (E.D. La.).
In September 2023, the Mandeville City Council unanimously voted to reject an ordinance that would have approved the Sucette Harbor development, a mixed-use development proposed for the shores of Lake Pontchartrain. The lawsuit alleged federal and state takings claims, substantive and procedural due process claims, and equal protection claims against the City, in conjunction with various claims for declaratory relief. Liskow obtained the dismissal of all claims by filing two separate Rule 12(b)(6) motions.
The court dismissed all claims with prejudice and denied Plaintiffs leave to amend. The court found Plaintiffs failed to state any takings or due process claims by failing to allege a property interest protected by the federal or state constitutions; specifically, the court found no legally recognized property right in development where development is entirely contingent on a governing body’s approval. With respect to the equal protection claim, the court agreed that Plaintiffs failed to identify similarly situated comparators and failed to overcome the City’s rational basis for denying the development.
Liskow directed the court to numerous concerns expressed by council members in the council minutes attached to the complaint, including concerns over traffic, compatibility with surrounding use, and density, and pointed out that these concerns were all rational grounds upon which to reject the project. The ruling fully resolves the matter in favor of the City of Mandeville.
Paul Adkins and Clare Bienvenu handled this matter for the City of Mandeville. For further information about Liskow’s experience with zoning and land use matters, visit the firm’s Zoning & Land Use practice page.