Crucial Exams

Multistate Bar Examination Practice Question

A real estate developer files a lawsuit in federal court seeking to enjoin the enforcement of a newly passed local zoning ordinance, arguing that it unlawfully prohibits construction of a multi-unit building on a parcel of land the developer owns. While the lawsuit is pending, the developer sells the property to a third party who does not support the construction project. The local government moves to dismiss the case as no longer suitable for resolution by the court. Should the court dismiss the lawsuit?

  • Yes, because the developer no longer owns the property and cannot be personally affected by enforcement of the zoning ordinance.

  • Yes, because the developer can no longer present arguments on behalf of the third-party buyer who opposes the construction project.

  • No, because the court must resolve the legal question of the ordinance's enforceability for future property owners.

  • No, because selling the property does not extinguish the developer’s constitutional right to challenge the ordinance.

Multistate Bar Examination
Constitutional Law
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