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McGavin, Boyce, Bardot, Thorsen, & Katz, PC Tel: 703.385.1000
Fax: 703.385.1555
9990 Fairfax Boulevard, Suite 400
Fairfax, Virginia 22030

Summary judgment success:  class-of-one claims and the “open fields doctrine”

Heather Bardot

Heather K. Bardot, a partner at the firm, successfully prevailed on summary judgment on a Fourteenth Amendment (Equal Protection) Class of One claim and a Fourth Amendment claim brought against members of the Warren County Planning Department in the case of Mendes v. Matthew Wendling, et al., Case No. 5:9-cv-72 (W.D. Va., July 21, 2022). The case stemmed from the County’s enforcement of its Zoning Ordinance and plaintiff’s claims that his property was singled out for selective enforcement and illegally entered upon for this purpose. The court rejected these claims, entering judgment in favor of all defendants. The court’s opinion provides a good overview of class-of-one claims and the “open fields doctrine.”