Case heads to Fifth Circuit as attorney-fee motions remain pending
NEW ORLEANS — The developers behind the failed Sucette Harbor project have appealed a federal judge’s decision dismissing their lawsuit against the City of Mandeville and Councilman-at-Large Jason Zuckerman.
Woodward Harbor LLC and LSU Health Foundation New Orleans each filed notices of appeal Thursday in the U.S. District Court for the Eastern District of Louisiana, asking the U.S. Court of Appeals for the Fifth Circuit to review the court’s Feb. 5 final judgment and all related rulings in the case.  
The lawsuit challenged the Mandeville City Council’s rejection of the proposed Sucette Harbor development. U.S. District Judge Brandon S. Long dismissed the claims earlier this year, ruling that Zuckerman was entitled to qualified immunity and that the plaintiffs failed to state viable federal claims against him in his individual capacity.
A notice of appeal does not present legal arguments but formally informs the court that a party intends to seek review by an appellate court. The appeals now move the dispute to the Fifth Circuit, which will determine whether the district court’s rulings should stand.
The litigation is expected to continue while the appeal proceeds. Motions filed by Zuckerman and the City of Mandeville seeking to recover attorney fees from the plaintiffs remain pending before the district court. Under federal procedure, the filing of an appeal does not automatically prevent a district judge from ruling on collateral matters such as attorney-fee requests.
Zuckerman and the city have argued the claims against them were legally unsupported and have asked the court to order reimbursement of legal costs incurred defending the case. Judge Long has not yet issued a ruling on those motions.
The Fifth Circuit will next assign the appeal a docket number and set a briefing schedule for the parties.
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Mandeville Daily 