Bent Creek Limited Partnership v. SILVER SPRING TOWNSHIP AUTHORITY On Appeal from the United States District Court for…

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 01-3887
BENT CREEK LIMITED PARTNERSHIP,
Appellant
v.
SILVER SPRING TOWNSHIP AUTHORITY
On Appeal from the
United States District Court
for the Middle District of Pennsylvania
Civil No. 00-cv-01372
District Judge: Hon. Yvette Kane
Submitted Pursuant to Third Circuit LAR 34.1
May 24, 2002
Before: Alito, McKee and Wallace, Circuit Judges
(Filed May 31, 2002 )
OPINION OF THE COURT
McKEE, Circuit Judge.
Plaintiff developer appeals the district court’s dismissal pursuant to Fed. R. Civ.
P. 12(b)(6) of its complaint, in which plaintiff alleged a denial of its right to equal
protection under the Constitutions of the United States and the Commonwealth of
Pennsylvania, as well as a violation of its statutory rights under the Pennsylvania
Municipal Authorities Act. 53 P.S. 306 et seq. For the reasons that follow, we will
affirm.
Inasmuch as we write only for the parties and the district court, we need not
reiterate the factual background of this appeal. Plaintiff concedes that its equal
protection claim is subject to a "rational basis" analysis as no fundamental right is
involved, and plaintiff is not afforded the protections that result from suspect
classification such as race. We have reviewed the thoughtful Memorandum and Order of
the district court filed on January 23, 2001, as well as the subsequent order filed October
15, 2001 in which the district court clarified its memorandum and order. We will affirm
substantially for the reasons set forth by the district court in its Memorandum Opinion
and subsequent clarification.
TO THE CLERK OF THE COURT:
Please file the foregoing Opinion.
/s/ Theodore A. McKee
Circuit Judge

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