Tower Ventures, Inc. v. City of Westfield
United States Court of Appeals for the First Circuit
296 F.3d 43 (1st Cir. 2002)
The planning board for the City of Westfield, Massachusetts (City) (defendant) denied Tower Ventures, Inc. (Ventures) (plaintiff) a permit for building a wireless-communication tower. Ventures sued the City, alleging that the planning board’s decision was arbitrary. On May 30, 2001, the district court issued a scheduling order, requiring that Ventures disclose certain information by July 16, 2001. Ventures failed to meet this deadline. On August 14, 2001, both parties moved to extend the deadlines in the scheduling order. Ventures stated that it had been unable to comply with the scheduling order due to scheduling issues. Ventures requested a deadline of August 17, 2001 to comply with the scheduling order and a deadline of October 19, 2001 for its submission of a motion for summary judgment. The district court granted both extensions. Ventures failed to meet both deadlines. On November 6, 2001, the district court ordered Ventures to show cause why its complaint should not be dismissed with prejudice. Ventures argued that the City had not objected to or been prejudiced by the delay, but failed to give a reason for its noncompliance other than that its counsel had been preoccupied. The district court dismissed the complaint based on Ventures’s failure to comply with the district court’s orders.
Rule of Law
Holding and Reasoning (Selya, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 723,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 723,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.