DM Arbor Court, Ltd. v. City of Houston, No. 20-20194 (5th Cir. 2021)Annotate this Case
Arbor Court filed suit challenging the City's refusal to grant permits to repair the damage caused by Hurricane Harvey to its apartment units. The district court dismissed, holding that the action was not ripe because Arbor Court had not yet obtained a decision from the final arbiter of Houston permit requests, the City Council. Since the filing of this appeal, the City Council has ruled and denied the permits.
The Fifth Circuit held that the district court correctly concluded that this case was not ripe because the City Council had not yet denied the permits. The court explained that this conclusion warranted dismissal of the pending claims and the denial of Arbor Court's attempt to add yet another unripe claim. However, now that the Council has acted, the court held that the claims are ripe. Accordingly, the court vacated the district court's dismissal and remanded for further proceedings. The court also vacated the district court's denial of Arbor Court's motion for leave to file a third amended complaint.