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ACIERNO v. MITCHELL

No. 93-7031.

6 F.3d 970 (1993)

Frank E. ACIERNO v. Michael MITCHELL, in his official and individual capacity; New Castle County, Appellants.

United States Court of Appeals, Third Circuit.

Decided October 4, 1993.

Attorney(s) appearing for the Case

Collins J. Seitz, Jr. (argued), Connolly, Bove, Lodge & Hutz, Wilmington, DE, for appellant New Castle County.

John J. Yannacone (argued), Yannacone, Fay, Baldo & Daly, Media, PA, Carl A. Agostini, Agostini & Levitsky, Wilmington, DE, for appellee.

Barry M. Willoughby (argued), Young, Conaway, Stargatt & Taylor, Wilmington, DE, for appellant Michael Mitchell, in his official and individual capacity.

Before: SCIRICA, COWEN and ROSENN, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this zoning dispute, we again address ripeness in the context of a constitutional challenge to a land-use decision. See Taylor Inv., Ltd. v. Upper Darby Tp., 983 F.2d 1285 (3d Cir.1993). Because we find the challenge premature, we will vacate and remand with directions to dismiss without prejudice.

I.

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