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KEY WEST HARBOUR DEV. v. CITY OF KEY WEST, FLA.

No. 90-10027-CIV.

738 F.Supp. 1390 (1990)

KEY WEST HARBOUR DEVELOPMENT CORPORATION, Plaintiff, v. CITY OF KEY WEST, FLORIDA, Tom Sawyer, Mayor of the City of Key West; City Commissioners George Halloran, Sally Lewis and Jimmy Weekley, individually and in their own official capacities; the Key West Redevelopment Agency, Charles Majors, Chairman of the Key West Redevelopment Agency; Lou Hernandez, Treasurer of the Key West Redevelopment Agency; and Bob Kruse, Vice Chairman of the Key West Redevelopment Agency, individually and in their official capacities, Defendants.

United States District Court, S.D. Florida.

May 22, 1990.

Attorney(s) appearing for the Case

Joel Hirschhorn, Broad & Cassel, Miami, Fla., for plaintiff.

Fleming, O'Bryan & Fleming, Fort Lauderdale, Fla., for defendants City, Sawyer, Halloran, Lewis and Weekley.

ORDER DENYING DEFENDANTS' MOTION TO DISMISS

JAMES LAWRENCE KING, Chief Judge.

Defendants City of Key West, Tom Sawyer, George Halloran, Sally Lewis and Jimmy Weekley move this court to dismiss the complaint for failure to state a claim, pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff claims a violation of 42 U.S.C. § 1983 — for deprivation of a constitutionally protected property right without due process under color of law &...

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