THE PLAZA AT 835 WEST HAMILTON STREET LP v. ALLENTOWN NEIGHBORHOOD IMPROVEMENT ZONE DEVELOPMENT AUTHORITY et al

Filing 66

ORDER THAT DEFENDANTS' MOTIONS TO DISMISS (DOC NOS 38,38 AND 44) ARE GRANTED. SIGNED BY CHIEF JUDGE LAWRENCE F. STENGEL ON 9/12/17. 9/12/17 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THE PLAZA AT 835 WEST
HAMILTON STREET LP

:
:
:
vs.
:
:
ALLENTOWN NEIGHBORHOOD
:
IMPROVEMENT ZONE
:
DEVELOPMENT AUTHORITY, et al. :

CIVIL ACTION

NO. 15-6616

ORDER
AND NOW this

12th

day of September, 2017, upon consideration of the

motions to dismiss filed by Defendants City of Allentown, Ed Pawlowski in his official
capacity as Mayor of the City of Allentown (Documents #38 and 39), and Secretary
Eileen McNulty (Document # 44.),1 and the motion for judgment on the pleadings by
defendant Allentown Neighborhood Improvement Zone Development Authority
(“ANIZDA”) (Document #36), the plaintiff’s response in opposition to the defendants’
motions (Document #50), the defendants’ replies (Documents #55 (ANIZDA), 59
(McNulty), 63 (the City and Pawloski)), and the plaintiff’s sur-reply in opposition to
ANIZDA’s reply (Document #61) and supplemental memorandum (Document #64), and
consistent with the accompanying memorandum, IT IS HEREBY ORDERED that the
defendants’ motions are GRANTED as follows:
1) The plaintiff’s claims under the Pennsylvania Constitution (Counts III, VI, and
VIII) are DISMISSED with prejudice.

1

Secretary McNulty filed this motion with then-defendant Governor Wolf, who was
subsequently dismissed from the case by stipulation. (Doc. No. 47).

2) The plaintiff’s claims under the Equal Protection Clause, U.S. Cons. Am. XIV
(Count II), the Takings Clause, U.S. Const. Am. V (Count V), and the Contract
Clause, U.S. Const. Art. 1 § 10 (Count VII), pursuant to 28 U.S.C. § 1983
(Count IV) and the Declaratory Judgment Act, 28 U.S.C. §§ 2201–2202
(Count I), are DISMISSED without prejudice. The plaintiff has fourteen days
within which to amend to the extent it can state any claim consistent with this
memorandum.
BY THE COURT:
/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, C. J.

2