Joyce Outdoor Advertising Wallscapes, LLC v. City of Scranton et al

Filing 21

ORDER (Memorandum Opinion filed previously as separate docket entry) it is HEREBY ORDERED THAT: Defendants motion to dismiss, 10 , is GRANTED IN PART AND DENIED IN PART as follows:1.Defendants motion to dismiss Count II alleging a violation of the Taking Clause is DENIED.2.Defendants motion to dismiss Count III alleging a violation of procedural due process and Monell liability is DENIED. 3.Defendants motion to dismiss Count IV alleging a violation of substantive due process is DENIED. 4.Defen dants motion to dismiss Count VI alleging a violation of the equal protection clause is DENIED. 5.Defendants motion to dismiss Count VII alleging tortious interference with contractual relations is GRANTED with leave to amend.6.Defendants motion to dismiss Count VIII alleging conversion is GRANTED with leave to amend. 7.Plaintiff may file an amended complaint within twenty-one (21) days from the date of this Order. Signed by Honorable Robert D Mariani on 11/26/2024. (cac)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOYCE OUTDOOR ADVERTISING
WALLSCAPES, LLC

3:24-cv-00791
(JUDGE MARIANI)

Plaintiff,

v.
CITY OF SCRANTON and MAYOR
PAIGE GEBHARDT COGENTTI,
Individually
Defendants.
"'AND NOW, THIS~

~!

ORDER

Y OF NOVEMBER 2024, upon consideration of

Defendants' motion to dismiss, (Doc. 10), and the parties' submissions, it is HEREBY
ORDERED THAT: Defendants' motion to dismiss, (Doc. 10), is GRANTED IN PART AND
DENIED IN PART as follows:
1. Defendants' motion to dismiss Count II alleging a violation of the Taking Clause is
DENIED.
2. Defendants' motion to dismiss Count Ill alleging a violation of procedural due
process and Mone// liability is DENIED.
3. Defendants' motion to dismiss Count IV alleging a violation of substantive due
process is DENIED.
4. Defendants' motion to dismiss Count VI alleging a violation of the equal protection
clause is DENIED.
1

5. Defendants' motion to dismiss Count VII alleging tortious interference with
contractual relations is GRANTED with leave to amend.
6. Defendants' motion to dismiss Count VIII alleging conversion is GRANTED with
leave to amend .
7. Plaintiff may file an amended complaint within twenty-one (21) days from the date of
this Order.

Robert . Mariani
United States District Judge

2