Elliott Greenleaf Wins Federal Court Dismissal for The Philadelphia Land Bank Against Developer’s Constitutional Claims Under Section 1983

Firm News

June 7, 2018

Elliott Greenleaf won dismissal with prejudice for the Philadelphia Land Bank against the claims of a developer alleging that the Land Bank violated constitutional rights when the Land Bank accepted a competing developer’s bid to purchase certain properties in Philadelphia’s Point Breeze area. After Elliott Greenleaf won dismissal of the original complaint, the developer continued pursuing the action through an amended complaint. The plaintiff developer claimed that a Philadelphia City Councilperson’s alleged animosity toward the developer caused a deliberate and intentional sabotage of the developer’s bid. Elliott Greenleaf raised a number of arguments for dismissal of all claims, including the named plaintiff’s lack of standing to sue under the federal civil rights statutes. After a hearing on the Land Bank’s second motion to dismiss the case, the District Court rejected all of the developer’s claims, dismissing the entire case with prejudice. The dismissal has since become final with no appeal by the developer plaintiff.

Elliott Greenleaf attorneys Brian Grady, Frederick P. Santarelli and Thomas Helbig represented the Philadelphia Land Bank in securing the dismissal, which was ordered by United States District Judge Wendy Beetlestone of the United States District Court for the Eastern District of Pennsylvania. Feibush, Ori C. and OCF Holdings LLC v. Philadelphia Land Bank, et al., U.S. District Court for the Eastern District of Pennsylvania, Civil Action No.: 17-cv-3134.