Opinion
Civil Action 22-5215
09-30-2024
BETHLEHEM MANOR VILLAGE, LLC, Plaintiff, v. CITY OF BETHLEHEM, CITY COUNCIL OF THE CITY OF BETHLEHEM and ROBERT J. DONCHEZ, former Mayor of the City of Bethlehem, Defendants.
ORDER
HODGE, KELLEY B., J.
AND NOW, this 30th day of September, 2024, upon consideration of Defendants' Motions to Dismiss and all responses thereto (ECF Nos. 21-25, 28), it is hereby ORDERED that the Motions to Dismiss are DENIED IN PART and GRANTED IN PART. It is hereby ordered as follows:
(1) City of Bethlehem and City Council of the City of Bethlehem's Motion to Dismiss Plaintiff's Amended Complaint as time-barred is DENIED.
(2) City of Bethlehem and City Council of the City of Bethlehem's Motion to Dismiss City Council of the City of Bethlehem as a Defendant is GRANTED.
(3) Former Mayor of the City of Bethlehem, Robert J. Donchez's Motion to Dismiss Plaintiff's Amended Complaint as time-barred is DENIED.
(4) Former Mayor of the City of Bethlehem, Robert J. Donchez's Motion to Dismiss himself in his official capacity is DENIED.
(5) Former Mayor of the City of Bethlehem, Robert J. Donchez's Motion to Dismiss Plaintiff's Amended Complaint as to the Fourteenth Amendment procedural due process and equal protection claims in his individual capacity is GRANTED. Those claims are dismissed WITHOUT PREJUDICE.
(6) Former Mayor of the City of Bethlehem, Robert J. Donchez's Motion to Dismiss Plaintiff's Amended Complaint as to the Fourteenth Amendment substantive due process claims in his individual capacity is DENIED.
(7) Within fourteen (14) days of this Order, Defendants shall file an answer to Plaintiff's First Amended Complaint.