Lesser v. City of Cape May

78 F. App'x 208

• Court: Court of Appeals for the Third Circuit
• Decided: October 17, 2003
• Docket: 00-2736
• Status: Unpublished

Opinion

OPINION

McKEE, Circuit Judge.

The appellants are a group of ten residents of Cape May, New Jersey, who sued the owner of Congress Hall Hotel 1 and various municipal, county, state and federal officials challenging the proposed rehabilitation of the Hotel on the ground that certain statutory procedural requirements of the National Historic Preservation Act of 1996 (“NHPA”), 16 U.S.C. § 470 et seq., and the National Environmental Policy Act of 1969 (“NEPA”), 42 U.S.C. § 4312 et seq., have not been satisfied. They are appealing the district court’s grant of summary judgment in favor of the defendants on each of the seven counts asserted in their amended complaint; however, their brief only address the dismissal of counts one and five of their amended complaint. 2

Inasmuch as the district court has already set forth the factual and procedural history of this case, we need not repeat them here except insofar as may be helpful to our brief discussion. Lesser v. City of Cape May, 110 F.Supp.2d 303 (D.N.J. 2000). Moreover, the district court’s careful analysis completely and thoroughly explains the court’s reasons for denying plaintiffs any relief and granting summary judgment to the defendants. We need not engage in a redundant analysis simply to reach the same result.

Accordingly, we will affirm the district court substantially for the reasons set forth in the district court’s Opinion without further elaboration.

1 . The Congress Hall Hotel, the largest nineteenth century beachfront hotel remaining in Cape May, New Jersey, is listed as a National Historic Landmark. Lesser v. City of Cape May, 110 F.Supp.2d 303, 305 (D.N.J.2000).

2 . Our review of the district court's grant of summary judgment is plenary. Huang v. BP Amoco Corp., 271 F.3d 560, 564 (3d Cir.2001).