Forum Architects LLC v. Rebecca Jetton , 402 F. App'x 437 ( 2010 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
NOVEMBER 4, 2010
No. 09-15362 JOHN LEY
________________________ CLERK
D.C. Docket No. 07-00189-CV-1-SPM-AK
FORUM ARCHITECTS LLC,
a Limited Liability Corporation,
Plaintiff-Appellant,
versus
REBECCA JETTON, Individually,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Northern District of Florida
________________________
(November 4, 2010)
Before BLACK, MARTIN and COX, Circuit Judges.
PER CURIAM:
This appeal arises out of a zoning dispute in Yankeetown, Florida. Forum
Architects, LLC (“Forum Architects”) sued Rebecca Jetton (“Jetton”), a zoning
official, alleging that she tortiously interfered with Forum Architects’ contractual
relationship with Isaac Walton Investors, LLC (“Isaac”), when Jetton reviewed
and denied various zoning permit applications. The district court granted
summary judgment in favor of Jetton, finding that she properly exercised her duty
as Yankeetown’s zoning official to review and deny the zoning applications.
Forum Architects appeals.
The facts in this case are relatively straightforward. Isaac, Forum
Architects’ real estate development partner, submitted six zoning applications to
Yankeetown that were to be reviewed for zoning compliance. The zoning
applications were reviewed by two different zoning officials. The first reviewer,
Stanley Moore, resigned the day after the applications were submitted, although he
was asked to continue as the zoning official through May 31, 2006. On that day,
Moore submitted two memoranda and a monthly report to the Town Council,
identifying deficiencies in the applications, most notably that requisite fees
remained unpaid. Moore did not sign or date the certificate of zoning compliance
(the “9-21-1 forms”). On August 17, 2006, Moore sent a letter to Yankeetown,
demanding payment for the work he performed in connection with Isaac’s zoning
applications. Although Moore’s letter stated that the applications were
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“approved” in May 2006, no documentation verifying such approval accompanied
his letter.
Defendant Jetton was the second official to review Isaac’s zoning
applications. She began work as Yankeetown’s zoning official on January 3,
2007. On January 25, 2007, Jetton denied five of Isaac’s permit applications and
approved one. Forum Architects and Isaac contend that the denial was motivated
by political opposition to the development project.
After Jetton denied five of Isaac’s six developmental applications, Isaac
challenged her denials in the Town’s Board of Adjustment, the appellate body
responsible for hearing appeals of the town’s zoning decisions. The Board
rejected Isaac’s challenge. Isaac then sought review in the Florida circuit court,
and eventually in the Florida court of appeals. Both courts rejected Isaac’s
challenges to Jetton’s zoning decision.
Forum Architects filed this federal lawsuit, alleging that Jetton tortiously
interfered with its contractual relationship with Isaac. The district court granted
summary judgment in favor of Jetton, finding that Forum Architects’ claim for
tortious interference failed as a matter of law because Jetton was justified in
reviewing the zoning applications and approving or denying such applications on
the basis of her findings.
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We review de novo the district court’s grant of summary judgment and
apply the same standards used by the district court. Burton v. Tampa Hous. Auth.,
271 F.3d 1274, 1276-77 (11th Cir. 2001). All evidence and factual inferences
reasonably drawn from the evidence are viewed in the light most favorable to the
non-moving party. Id. at 1277. Summary judgment is appropriate “if the
pleadings, depositions, answers to interrogatories, and admissions on file, together
with the affidavits, if any, show that there is no genuine issue as to any material
fact and that the moving party is entitled to a judgment as a matter of law.” Fed.
R. Civ. P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S. Ct. 2548,
2552 (1986).
“The elements of tortious interference with a business relationship are (1)
the existence of a business relationship . . . (2) knowledge of the relationship on
the part of the defendant; (3) an intentional and unjustified interference with the
relationship by the defendant; and (4) damage to the plaintiff as a result of the
breach of the relationship.” Ethan Allen, Inc. v. Georgetown Manor, Inc., 647 So.
2d 812, 814 (Fla. 1994) (citation and internal quotation marks omitted).
Forum Architects argues that summary judgment is not appropriate on its
claim for tortious interference with contractual relations because an issue of fact
exists as to whether Jetton was justified in reviewing and denying Isaac’s zoning
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applications. According to Forum Architects, Stanley Moore completed and
approved Isaac’s zoning applications by late May 2006. After Moore approved
these applications, it argues, Jetton “re-reviewed” and denied them. Forum
Architects contends that this re-review, which was allegedly motivated by an anti-
development political climate, qualifies as an intentional and unjustified
interference with Forum Architects’ relationship with Isaac. To show that
Moore’s review of the zoning applications was complete (and presumably that
Jetton’s review was unjustified), Forum Architects points to the following
evidence: (1) Jim Sherwood, the managing member of Isaac, testified through
affidavit that Moore told him five of the six applications had been approved by
late May of 2006; and (2) Gail Easley, an expert in the field of community
planning, testified through affidavit that Jetton re-reviewed Moore’s approval of
the Isaac applications. According to Forum Architects, this evidence creates an
issue of fact as to whether Moore’s review of the applications was complete, and
whether Jetton was justified in reviewing them.
We disagree. The district court correctly concluded that Jetton was justified
in reviewing the zoning applications and approving or denying such applications
on the basis of her findings. Contrary to Forum Architects’ contention, there is no
genuine issue of fact as to whether Moore completed his review of the permit
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applications. Moore’s monthly report states the Isaac review is still “in progress,
subject to change and a final fee has not been set.” (R. 83-3.) Further, it is
undisputed that Moore did not sign or date the certificate of zoning compliance
(the “9-21-1 forms”). These forms were not signed until Jetton completed her
review. Accordingly, the district court properly granted summary judgment in
favor of Jetton.
We also conclude that the district court did not abuse its discretion in
denying Forum Architects’ motion to reconsider and declining to consider
evidence submitted after summary judgment was entered. After summary
judgment was entered against it, Forum Architects filed a motion for
reconsideration and submitted evidence that purportedly provided proof that
Moore’s review of the zoning applications was complete, including: (1) Moore’s
own affidavit stating that he completed review of the Isaac applications by the end
of May 2006; and (2) the transcript of a Yankeetown Emergency Board meeting
that purportedly shows that Moore completed his review. Motions for
reconsideration are not to be used “to raise arguments which could, and should,
have been made before the judgment is issued.” Lussier v. Dugger, 904 F.2d 661,
667 (11th Cir. 1990) (citation omitted). “A district court’s denial of
reconsideration is especially soundly exercised when the party has failed to
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articulate any reason for the failure to raise an issue at an earlier stage in the
litigation.” Id. (citation omitted). Here, Forum Architects’ post-judgment
evidence was available before summary judgment was entered, and Forum
Architects provides no reason for its failure to submit the evidence in a timely
manner. The district court clearly did not abuse its discretion in declining to
consider the evidence.
AFFIRMED.
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