Opinion
3:24-cv-00791
11-26-2024
JOYCE OUTDOOR ADVERTISING WALLSCAPES, LLC Plaintiff, v. CITY OF SCRANTON and MAYOR PAIGE GEBHARDT COGENTTI, Individually Defendants.
ORDER
ROBERT D. MARIANI UNITED STATES DISTRICT JUDGE
AND NOW, THIS ' DAY OF NOVEMBER 2024, upon consideration of Defendants' motion to dismiss, (Doc. 10), and the parties' submissions, it is HEREBY ORDERED THAT: Defendants' motion to dismiss, (Doc. 10), is GRANTED IN PART AND DENIED IN PART as follows:
1. Defendants' motion to dismiss Count II alleging a violation of the Taking Clause is DENIED.
2. Defendants' motion to dismiss Count III alleging a violation of procedural due process and Monell liability is DENIED.
3. Defendants' motion to dismiss Count IV alleging a violation of substantive due process is DENIED.
4. Defendants' motion to dismiss Count VI alleging a violation of the equal protection clause is DENIED.
5. Defendants' motion to dismiss Count VII alleging tortious interference with contractual relations is GRANTED with leave to amend.
6. Defendants' motion to dismiss Count VIII alleging conversion is GRANTED with leave to amend.
7. Plaintiff may file an amended complaint within twenty-one (21) days from the date of this Order.