Key West Harbour Development Corp. v. City of Key West

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS

JAMES LAWRENCE KING, Chief Judge.

Defendants City of Key West, Tom Sawyer, George Halloran, Sally Lewis and Jimmy Weekley move this court to dismiss the complaint for failure to state a claim, pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff claims a violation of 42 U.S.C. § 1983 — for deprivation of a constitutionally protected property right without due process under color of law — and conspiracy to commit such a violation. All defendants contend that plaintiff fails to state a claim for a constitutionally protected property interest…