News & Publications

ZK Results – Attorney John W. Zotter Obtains Dismissal of Client in Lawsuit Seeking $2,800,000 in Damages

In a lawsuit arising out of the delay in the construction of an upscale residential development in Fayette County, Pennsylvania, the Developer Plaintiff claimed lost profits of $2,800,000.  In making a Section 1983 substantive-due-process claim, Plaintiff claimed that the Defendant Sewage Authority impaired Plaintiff’s constitutional rights to develop its property by obstructing access to municipal sewer lines in a variety of ways.  In addition, Plaintiff claimed that the Sewage Authority violated its constitutional rights by requiring Plaintiff to build a pumping station (on a property Plaintiff did not own) before it would take over Plaintiff’s sewer lines in the development.  A Motion for Summary Judgment was filed on behalf of the Zimmer Kunz client based on the argument that there is no constitutional right to sewage service.  The Court granted Defendant’s Motion for Summary Judgment holding that the Plaintiff did not establish a prima facie case under Section 1983.