REAL ESTATE: District Court grants summary judgment in favor of a planning commission arising out an alleged wrongful denial of a subdivision application

In a case defended by Jackson O’Keefe, the District Court grants summary judgment in favor of a planning commission arising out an alleged wrongful denial of a subdivision application.

The plaintiff’s sole remaining claim alleged that she was denied equal protection of the law in that the defendants denied her subdivision application.  While the Superior Court had held that the application was wrongfully denied and mandated approval, the District Court holds that the defendants did not deny the plaintiff equal protection of the law, concluding that the plaintiff had failed to offer any evidence that she was treated differently than any similarly situated applicants and that the defendants had a rational basis for their initial denial of the application.

Pappas v. Enfield, 2014 WL 1818798 (May 27, 2014)