Frall Developers Inc. v. Board of County Commissioners for Frederick County

State: Maryland

Case Date: 02/22/2010

Preview:IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND FRALL DEVELOPERS, INC. : : v. : CIVIL NO. CCB-07-2731 : BOARD OF COUNTY COMMISSIONERS : FOR FREDERICK COUNTY : . . . . oo0oo . . . . MEMORANDUM Now pending is Frall's motion for reconsideration of the court's August 12, 2009, opinion granting summary judgment in favor of the Frederick County Commissioners on all remaining claims in Frall's complaint.1 The issues have been fully briefed and no oral argument is necessary. For the reasons stated below, the motion will be denied as to the substantive due process issue and granted in part as to the declaratory judgment issue. Frall's motion is brought under Fed. R. Civ. P. 59(e), which permits reconsideration of an adverse judgment when necessary "(1) to accommodate an intervening change in controlling law; (2) to account for new evidence not available at trial [or summary judgment]; or (3) to correct a clear error of law or prevent manifest injustice." Zinkand v. Brown, 478 F.3d 634, 637 (4th Cir. 2007). As to the substantive due process issue, Frall has shown no intervening change in controlling law, no new evidence not available at the time summary judgment was briefed, and no clear error of law or manifest injustice. Essentially, Frall seeks to have the court change its mind, which is not the function of a Rule 59(e) motion. As to the dismissal of the declaratory judgment claim, however, Frall has presented a new County ordinance extending preliminary plan approvals for three years. Ordinance No. 09-233
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  Several claims were dismissed in an opinion issued September 30, 2008.

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527. While the ordinance apparently became effective 17 days before the September 2009 judgment in this case, Frall did not have sufficient opportunity to bring it to the court's attention and it was not considered. The new ordinance does not affect the analysis of the 42 U.S.C.

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