05-09-2007 Additions - Laserfiche WebLink

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Motion to Dismiss Defendant, Little Canada seeks dismissal of this action on the grounds that Plaintiff, Dayspring's claims are moot because intervening events have made a decision on the merits of Dayspring's First Amended Complaint unnecessary and an award of effective relief impossible. Dayspring argues that dismissal in inappropriate because Dayspring still has pending claims against Little Canada. Specifically, Dayspring alleges that it has a damages claim stemming from Little Canada's arbitrary, capricious, and unreasonable conduct. Dayspring states that the reason they held off on pursuing this claim was because they did not want to jeopardize final plat approval. In their First Amended Complaint, Dayspring prays for the following relief: 1. This court issue a Writ of Mandamus ordering Little Canada to immediately grant final plat approval. 2. This Court grant a declaratory judgment that Little Canada's denial of final plat approval is unlawful, arbitrary and capricious and beyond its authority as provided in the subdivision ordinance. 3. This Court grant a declaratory judgment that Little Canada is estopped from granting subdivision approval pursuant to its Standard Subdivision Ordinance. 4. That this Court grant a declaratory judgment that Dayspring's rights in the project are vested so that Little Canada cannot deny final plat approval under its Standard Subdivision Ordinance. 5. In the alternative to the Writ of Mandamus and declaratory judgment, that this Court find against Little Canada and award Dayspring its damages suffered as a result of Little Canada's illegal actions. 6. Award Dayspring its costs, disbursements and reasonable attorneys' fees. 7. For such other and further relief as the court deems just and equitable. 6