SELIG v. NORTH WHITEHALL TOWNSHIP ZONING HEARING BOARD et al
| MICHAEL B. SELIG |
| NORTH WHITEHALL TOWNSHIP ZONING HEARING BOARD, RICHARD BENJAMIN and EUGENE WOLFGANG |
| 5:2017cv04504 |
| October 10, 2017 |
| US District Court for the Eastern District of Pennsylvania |
| Allentown Office |
| Lehigh |
| EDWARD G. SMITH |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
15
ORDER THAT THE MOTION TO DISMISS (DOC. NO. 4 ) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: A. THE MOTION TO DISMISS, INSOFAR AS THE DEFENDANTS ARGUE THAT THE COURT MUST DISMISS THIS ACTION BASED ON THE ROOKER-FELDMAN DOCTRINE AND YOUNGER ABSTE NTION, IS DENIED; B. THE MOTION TO DISMISS, INSOFAR AS THE DEFENDANTS ARGUE THAT (1) THE STATUTE OF LIMITATIONS BARS THE PLAINTIFFS CLAIMS BASED ON THE FIRST ZONING BOARD DECISION, AND (2) THE PLAINTIFF HAS FAILED TO STATE A CLAIM FOR VIOLATIONS OF H IS SUBSTANTIVE DUE PROCESS RIGHTS AND A CONSPIRACY TO VIOLATE HIS CONSTITUTIONAL RIGHTS REGARDING BOTH ZONING HEARING BOARD PROCEEDINGS, IS GRANTED AND THOSE CLAIMS ARE DISMISSED WITH PREJUDICE; AND C. THE MOTION TO DISMISS, INSOFAR AS THE DEFENDANTS CONTEND THAT THE PLAINTIFFS COMPLAINT FAILS TO STATE A CLAIM FOR VIOLATIONS OF HIS PROCEDURAL DUE PROCESS RIGHTS RELATING TO THE SECOND ZONING HEARING BOARD PROCEEDING, IS GRANTED AND THOSE CLAIMS ARE DISMISSED WITHOUT PREJUDICE; AND THE CLERK OF COURT SHALL MARK THIS CASE AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 4/24/18. 4/25/18 ENTERED AND COPIES MAILED TO PRO SE, E-MAILED.(mas, )
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