Lakeside Resort Enterprises, Lp v. Board of Supervisors of Palmyra Township; Palmyra Township

Honorable Tom Stagg, Senior District Judge for the Western District of*
Louisiana, sitting by designation.
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 05-1163
LAKESIDE RESORT ENTERPRISES, LP;
LAKESIDE WATERS EDGE, INC.;
PAUPACK HOLDING, INC.;
LAKESIDE WATER SYSTEM, INC.;
EDWIN, INC.; MARK GAWRON;
MARCELLA GAWRON;
GERALD GAWRON; JEROME GAWRON,
Appellants
v.
BOARD OF SUPERVISORS OF PALMYRA TOWNSHIP;
PALMYRA TOWNSHIP
Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. Civil Action No. 01-cv-01238)
District Judge: Honorable Richard Caputo
Argued March 7, 2006
Before: AMBRO and STAPLETON, Circuit Judges,
STAGG, District Judge*
(Opinion filed: July 20, 2006)
ORDER AMENDING PUBLISHED OPINION
AMBRO, Circuit Judge

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2
IT IS NOW ORDERED that the published Opinion in the above case filed
July 20, 2006, be amended as follows:
On page 5, note 4, third line, replace “4(a)(4)(B)(I)” with 4(a)(4)(B)(i)”.
On page 6, first two lines, replace:
We also “exercise plenary review over the question of
whether the district court applied an incorrect legal standard.”
with:
We also exercise “‘plenary review over questions of statutory
construction.’”
On page 11, last paragraph, fourth line, delete quotation marks around
“intended or designed”.
On page 12, note 8, third line, replace “occupancy . . . as a” with occupancy
as . . . a”.
On page 15, first full paragraph, ninth line, insert “they” between “showed
that” and “treated it”.
By the Court,
/s/ Thomas L. Ambro, Circuit Judge
Dated: August 31, 2006

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