Calvary Christian Center v. City of Fredericksburg, VA, No. 12-1119 (4th Cir. 2013)Annotate this Case
This case arose when Calvary's application to the City for a special use permit was denied. On appeal, Calvary challenged the district court's procedural rulings, contending that the district court abused its discretion in denying Calvary's motion for leave to amend its complaint, which was filed after the district court had dismissed its original complaint, and in denying its motion for reconsideration. The court concluded that Calvary failed to take account of the fact that it filed its motion to amend after its complaint had been dismissed, and there was simply no longer any complaint pending to amend. Calvary never made an effort to open or vacate the judgment under Rule 60(b), and the court rejected its argument that the district court should have construed its motion for reconsideration as a motion to vacate under Rule 60(b). Accordingly, the court affirmed the judgment.