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Third Church of Christ, Scientist, Washington, D.C. v. District of Columbia Historic Preservation Review Board et al

MOTION to Dismiss and.or In the Alternative, Motion to Stay

29 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  2. Moses H. Cone Hosp. v. Mercury Constr. Corp.

    460 U.S. 1 (1983)   Cited 12,076 times   49 Legal Analyses
    Holding stay order appealable under § 1291 where it put the litigant "effectively out of court," and "surrender[ed] jurisdiction of a federal suit to a state court"

  3. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 12,061 times   15 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  4. Los Angeles v. Lyons

    461 U.S. 95 (1983)   Cited 7,657 times   13 Legal Analyses
    Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

  5. Colorado River Water Cons. Dist. v. U.S.

    424 U.S. 800 (1976)   Cited 8,286 times   13 Legal Analyses
    Holding that, in limited circumstances, federal courts should abstain from deciding a case when there are related proceedings pending in state court

  6. Whitmore v. Arkansas

    495 U.S. 149 (1990)   Cited 2,908 times   16 Legal Analyses
    Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"

  7. Babbitt v. Farm Workers

    442 U.S. 289 (1979)   Cited 1,911 times
    Holding a case justiciable even though the plaintiffs disavowed any intent to "propagate untruths"

  8. Railroad Comm'n v. Pullman Co.

    312 U.S. 496 (1941)   Cited 2,932 times   4 Legal Analyses
    Holding that federal courts should ordinarily abstain where the resolution of a federal constitutional issue may be rendered irrelevant by the determination of a predicate state-law question

  9. Sameric Corp., Delaware v. City, Philadelphia

    142 F.3d 582 (3d Cir. 1998)   Cited 1,312 times
    Holding that plaintiff's diligence in objecting to land-use decision in state court did not toll statute of limitations under continuing violations doctrine as to separate due process claim

  10. Burford v. Sun Oil Co.

    319 U.S. 315 (1943)   Cited 2,424 times   7 Legal Analyses
    Holding that a federal court may abstain from exercising its equity jurisdiction where doing so would "be prejudicial to the public interest" or would "so clearly involve basic problems of [State] policy" (quoting United States ex rel. Greathouse v. Dern , 289 U.S. 352, 360, 53 S.Ct. 614, 77 L.Ed. 1250 (1933) )

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 496,982 times   701 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,742 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

  15. Section 2000cc - Protection of land use as religious exercise

    42 U.S.C. § 2000cc   Cited 2,974 times   40 Legal Analyses
    Requiring comparison with a "nonreligious assembly or institution"

  16. Section 6-1104 - Demolitions

    D.C. Code § 6-1104   Cited 6 times

    (a) Before the Mayor may issue a permit to demolish an historic landmark or a building or structure in an historic district, the Mayor shall review the permit application in accordance with this section and § 6-1108.03, and, for applications that will be submitted to the Historic Preservation Review Board or the Commission of Fine Arts for a public hearing, place notice of the application in the District of Columbia Register and on the website for the Historic Preservation Office. (b) Prior to making

  17. Section 6-1105 - Alterations

    D.C. Code § 6-1105   Cited 1 times

    (a) Before the Mayor may issue a permit to alter the exterior or site of an historic landmark or of a building or structure in an historic district, the Mayor shall review the permit application in accordance with this section and § 6-1108.03, and, for applications that will be submitted to the Historic Preservation Review Board or the Commission of Fine Arts for a public hearing, place notice of the application in the District of Columbia Register and on the website for the Historic Preservation

  18. Section 6-1002 - Community Development Program - Annual preparation and submission to Council; content; public hearings

    D.C. Code § 6-1002

    (a) The Mayor annually shall prepare and submit to the Council a proposed Community Development Program (as such program is defined or may hereafter be defined in title I of the Housing and Community Development Act of 1974 [ 42 U.S.C. § 5301 et seq.], which: (1) Sets forth a summary of a 3-year community development plan which identifies community development needs, demonstrates a comprehensive strategy for meeting those needs, and specifies both short-and long-term community development objectives