CMR D.N. CORP. v. CITY OF PHILADELPHIA

No. 11-4362.

703 F.3d 612 (2013)

CMR D.N. CORP. and Marina Towers Ltd., t/a Waterfront Renaissance Associates, LLP, Appellant v. The CITY OF PHILADELPHIA; City Council of the City of Philadelphia; Philadelphia City Planning Commission; Old City Civic Association; River's Edge Civic Association; The Penn's Landing North Civic Association; Andrew Sacksteder; Richard Horrow; Brian Abernathy; Richard Thom; Elizabeth E. Whitaker; John and Jane Does 1 Through 10.

United States Court of Appeals, Third Circuit.

Opinion Filed: January 14, 2013.


Attorney(s) appearing for the Case

Thomas A. Leonard, Esq. , [Argued], Richard P. Limburg, Esq. , H. David Seidman, Esq. , Obermayer Rebmann Maxwell & Hippel LLP, Philadelphia, PA, for Appellant, CMR D.N. Corp. and Marina Towers Ltd., t/a Waterfront Renaissance Associates, LLP.

City of Philadelphia Law Department, Shelley R. Smith, Esq. , City Solicitor, Jane Lovitch Istvan, Esq. , [Argued], Philadelphia, PA, for Appellees, The City of Philadelphia, Brian Abernathy, Philadelphia City Planning Commission, and Philadelphia City Council.

Before: FUENTES, FISHER and GREENBERG, Circuit Judges.


OPINION OF THE COURT

FUENTES, Circuit Judge:

Waterfront Renaissance Associates, LLP ("Waterfront") owns a lot in the Delaware River waterfront neighborhood of Philadelphia, Pennsylvania. For almost twenty years, Waterfront pursued the development of a large commercial and residential real estate project on this lot. In 2006 the City of Philadelphia ("City") enacted an ordinance that extended certain construction restrictions from a nearby neighborhood to...

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