CONSTRUCTION CASES
U.S. 9th Circuit, May 13, 2008
Garcia v. Brockway, No. 05-35647
An aggrieved person must bring a private civil action under the Fair Housing Act (FHA) for a failure to properly design and construct within two years of the completion of the construction phase, which concludes on the date that the last certificate of occupancy is issued. (Panel opinion adopted by the en banc court with amendments)
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U.S. 9th Circuit, May 13, 2008
N. Pacifica LLC v. City of Pacifica, No. 05-16069
In an action brought by a developer against the city of Pacifica involving a proposed condominium project, dismissal of developer's substantive due process claim is affirmed, but an order holding city liable for an equal protection violation is reversed and the resultant damages awards vacated where: 1) the developer was not entitled to judgment on an equal protection claim, as the city did not intentionally treat it differently from any other developer; and 2) a due process claim should not be resurrected because developer did not allege any irrational delay in the city's approval of its permits.
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U.S. 11th Circuit, May 14, 2008
Oravec v. Sunny Isles Luxury Ventures, L.C. , No. 06-14495
In an action brought by plaintiff-architect under the Copyright Act alleging that defendants infringed his copyrighted architectural designs via the design, development, and construction of certain Trump buildings, summary judgment for defendants, as well as a denial of a motion for leave to file a third amended complaint, are affirmed where a thorough review of the record indicated that the district court properly made its rulings under the specific facts of the case and did not abuse its discretion in denying the motion for leave to amend.
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