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ROGIN v. BENSALEM TP.

No. 79-1361.

616 F.2d 680 (1980)

Sharon L. ROGIN and Michael R. Rogin, Ann Mangano and Wm. Mangano, Janet Caselli and Christopher Caselli, Barbara Ueberroth and A. James Ueberroth, and Maureen Blasic and Joseph Blasic, Individually and on behalf of others similarly situated v. BENSALEM TOWNSHIP and Stephen J. Kelly, Theodore R. Zajac, William McFadden, Herbert Braden and Donald Bell, Individually and in their official capacities as the Board of Supervisors of Bensalem Township and Stanley Horowitz, Individually and in his capacity as Zoning Officer of Bensalem Township and Mark-Garner Associates, Inc., of Pennsylvania Mark-Garner Associates, Inc., of Pennsylvania, Appellant.

United States Court of Appeals, Third Circuit.

Decided February 21, 1980.

Attorney(s) appearing for the Case

Thomas P. Preston (argued), Marc D. Brookman, Duane, Morris & Heckscher, Philadelphia, Pa., for appellant.

Leslie G. Dias (argued), Henry F. Huhn, Cornwells Heights, Pa., for appellees Bensalem Township, Kelly, Zajac, McFadden, Braden, Bell and Horowitz.

Emil F. Toften (argued), John W. Potkai, Emil F. Toften & Associates, Chalfont, Pa., for appellee Bensalem Township Zoning Hearing Bd.

Before ADAMS, ROSENN and WEIS, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

A real estate developer has cast an array of federal constitutional and statutory challenges to the application of a local zoning ordinance to a condominium project it was in the process of constructing. On this appeal from the dismissal on the pleadings of the developer's cross-claims, we are guided by well-settled principles in affirming the judgment of the district court.

I. FACTUAL BACKGROUND

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