This filing is the defendants’ brief in support of a motion to dismiss in 2700 Winter, LLC v. Paine, et al., Case No. 25-cv-837, in the U.S. District Court for the Western District of Wisconsin. The defendants are City of Superior Mayor James W. Paine, Planning/Economic/Port Director Jason Serck, and the City of Superior; the brief was filed October 9, 2025. The plaintiff alleges a violation of procedural due process for refusing to place its June 2024 rezoning application on the Planning Commission agenda, and also alleges intentional interference with a potential purchase of neighboring property at 3301 Belknap Street.

Defendants argue the §1983 due-process claim fails because Wisconsin provides an adequate post-deprivation remedy—mandamus—to compel governmental action. They further contend that §1983 cannot be used to pursue the state-law tort of intentional interference with contract and ask the Court to dismiss that claim without prejudice once any federal claim is resolved. The brief requests dismissal of the complaint for failure to state a claim.