2006 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

5-18-2006

Teed v. Hilltown

Precedential or Non-Precedential: Non-Precedential

Docket No. 05-2953

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Recommended Citation

"Teed v. Hilltown" (2006). 2006 Decisions. Paper 1088.

http://digitalcommons.law.villanova.edu/thirdcircuit_2006/1088
1

NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

No: 05-2953

JACKSON J. TEED;

MARILYN A. TEED, H/W,

 Appellants

 v.

TOWNSHIP OF HILLTOWN; THE BOARD OF SUPERVISORS HILLTOWN

TOWNSHIP; HILLTOWN TOWNSHIP ZONING HEARING BOARD;

GREGORY J. LIPPINCOTT, INDIVIDUALLY AND IN HIS OFFICIAL

CAPACITY AS TOWNSHIP MANAGER AND ZONING OFFICER OF HILLTOWN

TOWNSHIP; BETTY SNYDER, INDIVIDUALLY AND IN HER OFFICIAL

CAPACITY AS CHAIRPERSON AND MEMBER OF THE HILLTOWN TOWNSHIP

BOARD OF SUPERVISORS; KEN BENNINGTON, INDIVIDUALLY AND IN HIS

OFFICIAL CAPACITY AS VICE-CHAIR AND MEMBER OF THE HILLTOWN

TOWNSHIP BOARD OF SUPERVISORS; JOHN BENDER, INDIVIDUALLY AND

IN HIS OFFICIAL CAPACITY AS MEMBER OF THE HILLTOWN TOWNSHIP

BOARD OF SUPERVISORS; JOHN SNYDER; INDIVIDUALLY AND IN HIS

OFFICIAL CAPACITY AS CHAIRPERSON AND MEMBER OF THE HILLTOWN

TOWNSHIP ZONING HEARING BOARD; TIMOTHY BROWNING,

INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A MEMBER OF THE

HILLTOWN ZONING HEARING BOARD; RICHARD MANFREDI,

INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A MEMBER OF THE

HILLTOWN TOWNSHIP ZONING HEARING BOARD; JEFFREY G. TRAUGER,

ESQUIRE, INDIVIDUALLY AND IN HIS CAPACITY AS

SOLICITOR FOR HILLTOWN TOWNSHIP ZONING HEARING BOARD; JACK D.

WUERSTLE, ESQUIRE, INDIVIDUALLY AND IN HIS CAPACITY AS

SOLICITOR FOR HILLTOWN TOWNSHIP

Appeal from the United States District Court

for the Eastern District of Pennsylvania

(Civ. No. 03-cv-06040)

District Judge: Hon. Paul S. Diamond
*

The Hon. John C. Lifland, Senior District Judge of the United States District

Court for the District of New Jersey, sitting by designation.

2

Before: McKEE and GARTH, Circuit Judges,

and LIFLAND, Senior District Judge*

Argued: May 16, 2006

(Opinion filed: May 18, 2006)

MARK C. CLEMM, ESQ. (Argued)

SETH D. WILSON, ESQ.

Morris, Clemm, Heleniak and Associates, P.C.

527 Plymouth Road, Suite 416

Plymouth Meeting, PA 19462

Attorneys for Appellants

JOSEPH GOLDBERG, ESQ. (Argued)

WENDI D. BARISH, ESQ.

Weber, Gallagher, Simpson, Stapleton, Fires & Newby, LLP

2000 Market Street, 13th Floor

Philadelphia, PA 10193

Attorneys for Appellees

OPINION

PER CURIAM

Jackson J. Teed and Marilyn A. Teed have appealed the district court’s grant of

summary judgment to the defendants on their claim that the defendants violated the Equal

Protection Clause of the Fourteenth Amendment during the course of a zoning dispute. 

After a lengthy argument, and after careful consideration of the briefs of the parties, we

hold that the Teeds’ arguments in support of their appeal are without merit. We will,

therefore, affirm the judgment of the district court.