VINDICATED: Judge tosses case against Zuckerman in Sucette Harbor lawsuit

Zuckerman shielded by qualified immunity — all claims dismissed ‘with prejudice’

Says Zuckerman is immune from developer’s claims under federal and state law

Seen as major setback for plaintiffs in pending suit against city

MANDEVILLE — In a major development in the high-profile Sucette Harbor lawsuit, a federal judge has dismissed all claims against Mandeville City Councilman at Large Jason Zuckerman, citing qualified immunity. The ruling significantly narrows the scope of the ongoing legal battle over the proposed waterfront development along Lake Pontchartrain.

Zuckerman was dismissed “with prejudice” because the court found he was immune and the plaintiffs didn’t have enough legal grounds to sue him — even with potential amendments. It means the case is permanently closed and cannot be refiled in the future.

The decision, issued today, March 27th, by U.S. District Judge Brandon S. Long, grants Zuckerman’s motion to dismiss, finding that the plaintiffs — Woodward Harbor LLC and LSU Health Foundation New Orleans — failed to plead sufficient facts to overcome his immunity from liability under both federal and Louisiana law.

Zuckerman Protected by Qualified Immunity

The court ruled that Zuckerman was acting within his rights as an elected official when he voted against the development and participated in related public deliberations. Although the plaintiffs accused him of improperly influencing the decision and acting with personal bias, the judge concluded that none of Zuckerman’s alleged actions violated “clearly established” law.

“Qualified immunity protects all but the plainly incompetent or those who knowingly violate the law,” the ruling states, adding that the plaintiffs failed to cite any binding legal precedent indicating Zuckerman’s conduct was unlawful. As a result, the court determined that Zuckerman is shielded from liability.

Judge Long noted that the plaintiffs did not provide a single example from Supreme Court or Fifth Circuit case law that would have put Zuckerman on notice that his alleged behavior—ranging from seeking outside input to criticizing the project’s design—violated any constitutional rights.

Implications for the Broader Case

Zuckerman had been a central figure in the lawsuit, which accuses the City of Mandeville and its council of unlawfully rejecting the proposed Sucette Harbor development. The project, proposed by Woodward Harbor on land owned by LSU Health Foundation, included an 82-room hotel, age-restricted apartments, a marina, and a restaurant. The City Council unanimously rejected the plan in September 2023 after nine public hearings.

The dismissal of claims against Zuckerman — one of the project’s most vocal critics — represents a legal setback for the plaintiffs. They had alleged that he improperly influenced the process, misused procedural rules, and imposed arbitrary conditions to block the project. But the judge ruled that those allegations did not rise to the level of a constitutional or legal violation.

Additionally, the court declined to give the plaintiffs an opportunity to amend their complaint against Zuckerman, citing a lack of any indication that new facts would change the legal outcome.

City Still Faces Legal Challenge

While the claims against Zuckerman have been dismissed, the broader lawsuit against the City of Mandeville continues. The plaintiffs are pursuing multiple claims under the U.S. and Louisiana constitutions, including allegations of regulatory takings, due process violations, and unequal treatment under the law.

The dismissal of Zuckerman may be seen as a precursor to how the court views similar allegations against the city itself, particularly regarding legislative immunity and procedural fairness.

This ruling follows a series of recent legal moves, including a motion to dismiss filed by a group of residents and conservationists who have also sought to intervene in the case. That motion argues that the developers lack any protected property interest in the zoning decision and that no taking occurred under state or federal law.

As the legal dispute presses on, the outcome of this case may have far-reaching consequences not only for the future of the Sucette Harbor property but also for the interpretation of land use powers in municipalities across Louisiana.

Download the court’s order to dismiss Zuckerman here.

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