Jackson J. Teed; Marilyn A. Teed, H/w v. Township of Hilltown

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NOT PRECEDENTIAL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

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*The Hon. John C. Lifland, Senior District Judge of the United States District
Court for the District of New Jersey, sitting by designation.
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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.

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