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CONGREGATION KOL AMI v. ABINGTON TP.

No. CIV. A. 01-1919.

161 F.Supp.2d 432 (2001)

CONGREGATION KOL AMI and Rabbi Elliot Holin, Plaintiffs, v. ABINGTON TOWNSHIP; Board of Commissioners of Abington Township; The Zoning Hearing Board of Abington Township and Lawrence T. Matteo, Jr., Defendants.

United States District Court, E.D. Pennsylvania.

July 11, 2001.

Attorney(s) appearing for the Case

Jonathan Auerbach, Berger & Montague, P.C., Philadelphia, PA, Anthony R. Picarello, Jr., Roman P. Storzer, Washington, DC, for Plaintiffs.

Harry G. Mahoney, Michael L. Barbiero, Carla P. Maresca, Deasy Mahoney & Bender, Ltd., Philadelphia, PA, Marci A. Hamilton, Yardley, PA, R. Rex Herder, Jr., Acton, Herder & Bresnan, Ambler, PA, for Defendants.

Linda L. Bocchino, Asst. U.S. Atty., Philadelphia, PA, Adam Szubin, U.S. Dept. of Justice Civil Division, Washington, DC, for Movants.

MEMORANDUM

NEWCOMER, Senior District Judge.

Currently before the Court is plaintiff's Motion for Partial Summary Judgment, and defendants' response thereto.

I. INTRODUCTION

Plaintiffs, Congregation Kol Ami and Rabbi Elliot Holin allege that the zoning laws of Abington Township, Pennsylvania violate the United States and Pennsylvania Constitutions because they prohibit houses of worship from locating in residential...

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