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PACE RESOURCES, INC. v. SHREWSBURY TP.

No. 86-5210.

808 F.2d 1023 (1987)

PACE RESOURCES, INC., Appellant, v. SHREWSBURY TOWNSHIP, O'Keefe, John J. Nace, Clarence E. Dutton, John D. Malone, Gilbert G. Solomon, William J. Nielsen, Carl Grim, Richard M. McKay, Ronald and Spangler, Larry C.

United States Court of Appeals, Third Circuit.

Decided January 12, 1987.

Attorney(s) appearing for the Case

Donald L. Reihart (argued), Laucks & Monroe, York, Pa., for appellant.

Gilbert G. Malone (argued), Malone & Neubaum, York, Pa., for appellees.

Before ADAMS and STAPLETON, Circuit Judges and COWEN, District Judge.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

In this civil rights action, Pace Resources, Inc. ("Pace") seeks to recover damages for the alleged loss of use of a parcel of real estate owned by it in Shrewsbury Township ("the Township") during a period in which it successfully challenged certain land use restrictions of the Township in a state proceeding. Pace alleges that the Township's restrictions on land use have violated the taking clause of the Fifth...

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