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## 1 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No: 05-2953 JACKSON J. TEED; MARILYN A. TEED, H/W, Appellants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 Distri ct Judge of the United States District Court for the District of Ne w 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, Stap leton, Fires & Newby, LLP 2000 Market Street, 13th Floor Philadelphia, PA 10193 Attorneys for Appellees OPINION PER CURIAM Jackson J. Teed and Marilyn A. Teed haveappealed the district court’s grant of summary judgment to the defendants on their cl aim that the defendants violated the Equal Protection Clause of the Fourteenth Amendm ent during the course of a zoning dispute. After a lengthy argument, and after careful cons ideration 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.