United States Third Circuit

In an action seeking to invalidate the defendant's zoning ordinance, enjoin defendants from enforcing the ordinance, and money damages, grant of motion to dismiss for lack of standing is reversed where 1)the front end costs and decrease in value of plaintiff's option to build are economic harms that amount to legally cognizable injury in fact; 2)the defendant-s challenged actions caused the plaintiff-s injury and 3) a favorable decision is substantially likely to results in construction of plaintiff's planned developments and will likely remedy the harm to the company's option.

Appellate Information

• Decided 02/04/2009
• Published 02/04/2009

Judges

• Before SCIRICA, Chief Judge, FUENTES and CHAGARES, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Darren H. Goldstein, [Argued], James A. Kozachek, Albert M. Belmont, III, Carl S. Bisgaier, Flaster Greenberg, P.C., Cherry Hill, NJ, for Appellant.


• For Appellees:
  
• Valerie J. Kimson, [Argued], Susan A. Lawless, Purcell, Ries, Shannon, Mulcahy & O'Neill, Bedminster, NJ, John M. Bowens, Esq., Schenck, Price, Smith & Smith, Morristown, NJ, for Appellees.