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BELLO v. WALKER

Nos. 87-3504, 87-3505.

840 F.2d 1124 (1988)

Dino BELLO, an individual and Simmons Park Properties, Inc., a corporation, v. Norman L. WALKER, John E. Kanon, James M. Martin, Joseph J. Urbanowicz, Harry E. Babinger, James E. Hadsell, Yvonne A. Rigatti, Glenn Trautmen, William W. Ruhl, William G. Dodds, Patricia M. Price, Concetta Serdy, and Reid W. McGibbeny, individuals. Appeal of Dino BELLO and Simmons Park Properties, Inc., Appellants No. 87-3504. Dino BELLO, an individual and Simmons Park Properties, Inc., a corporation, v. MUNICIPALITY OF BETHEL PARK. Appeal of Dino BELLO and Simmons Park Properties, Inc., Appellants No. 87-3505.

United States Court of Appeals, Third Circuit.

Decided March 1, 1988.

Attorney(s) appearing for the Case

Richard L. Rosenzweig (argued), Rosenzweig & Burton, Pittsburgh, Pa., for appellants.

Marvin A. Fein (argued), Baskin Flaherty Elliot & Mannino, Pittsburgh, Pa., for appellees.

Before SLOVITER and COWEN, Circuit Judges, and DEBEVOISE, District Judge.

OPINION OF THE COURT

COWEN, Circuit Judge.

These cases arise from a municipality's delay in issuing a building permit. They require us to decide whether a person's constitutional right to due process can be violated when municipal officials process an application for a building permit pursuant to a constitutionally adequate procedure, but deliberately and arbitrarily abuse government power to deny the application. We hold that such acts can violate a person...

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