10950 Retail, LLC v. City of Johns Creek, Georgia, et al, No. 10-12547 (11th Cir. 2011)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT JUNE 6, 2011 JOHN LEY CLERK No. 10-12547 ________________________ D.C. Docket No. 1:09-cv-02405-TCB 10950 RETAIL, LLC, d.b.a. Love Shack, Plaintiff-Appellant, versus CITY OF JOHNS CREEK, GEORGIA, SAM BISHOP, both individually and in his official capacity as Senior Planner of the City of Johns Creek Community Development, Defendants-Appellees. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (June 6, 2011) Before HULL and BLACK, Circuit Judges, and Huck,* District Judge. PER CURIAM: After oral argument and review of the briefs and record, we conclude that Plaintiff-Appellant 10950 Retail, LLC d/b/a Love Shack ( Love Shack ) has demonstrated no reversible error in the district court s rulings. Specifically, we find no error in either (1) the district court s dismissal of Love Shack s Complaint pursuant to its order of April 28, 2010, or in (2) the district court s order of August 20, 2010, denying Love Shack s motion for leave to amend and file a first amended complaint and also denying in part and granting in part Love Shack s motion for reconsideration and clarification. We affirm both orders. AFFIRMED. * Honorable Paul C. Huck, United States District Judge for the Southern District of Florida, sitting by designation. 2

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