Joseph C. BALAZIK; Edith C. Balazik; David Bedard; Judith L. Bedard; Donald F. Fricchione, M.D.; Maria Claudia Fricchione; Joseph F. Salzinger; Douglas G. Ricker; Christine L. Ricker, on behalf of themselves and all owners of real property that was constructed or rehabilitated in the defendant townships since July 1, 1983
v.
COUNTY OF DAUPHIN; Dauphin County Board of Assessment Appeals; Derry Township; Lower Paxton Township; Lower Swatara Township; Susquehanna Township; Swatara Township; Central Dauphin School District; Derry Township School District; Lower Dauphin School District; Middletown Area School District; Steelton-Highspire School District; Susquehanna School District,
The Honorable William W. Caldwell, Nominal Respondent,
Swatara Township, Petitioner.
Joseph C. BALAZIK; Edith C. Balazik; David Bedard; Judith L. Bedard; Donald F. Fricchione, M.D.; Maria Claudia Fricchione; Joseph F. Salzinger; Douglas G. Ricker; Christine L. Ricker, on behalf of themselves and all owners of real property that was constructed or rehabilitated in the defendant townships since July 1, 1983
v.
COUNTY OF DAUPHIN; Dauphin County Board of Assessment Appeals; Derry Township; Lower Paxton Township; Lower Swatara Township; Susquehanna Township; Swatara Township; Central Dauphin School District; Derry Township School District; Lower Dauphin School District; Middletown Area School District; Steelton-Highspire School District; Susquehanna School District, Swatara Township, Appellant.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued November 29, 1994.
Submitted November 29, 1994.
Decided January 5, 1995.
Attorney(s) appearing for the Case
Anthony R. Sherr (argued), Deborah Z. Winfeld, Sherr, Joffe & Zuckerman, West Conshohocken, PA, for Tp. of Swatara, petitioner/appellant.
Robert A. Swift (argued), Dennis F. Sheils, Kohn, Nast & Graf, Philadelphia, PA, Theodore A. Adler, Reager & Adler, Harrisburg, PA, Richard D. Adamson, Adamson & Kennedy, Kutztown, PA, for Joseph C. Balazik, Edith C. Balazik, David Bedard, Judith L. Bedard, Donald F. Fricchione, Maria Claudia Fricchione, Joseph F. Salzinger, Douglas G. Ricker and Christine L. Ricker, respondents/appellees.
Carl G. Wass, Caldwell & Kearns, Harrisburg, PA, for Dauphin County and Dauphin County Bd. of Assessment Appeals, respondents/appellees.
Richard H. Wix, Wix, Wenger & Weidner, Harrisburg, PA, for Tp. of Lower Paxton, respondent/appellee.
John A. Roe, John A. Roe Law Office, Harrisburg, PA, for Susquehanna Tp., respondent/appellee.
Stuart L. Knade, Cleckner & Fearen, Harrisburg, PA, for Central Dauphin School, Darry Tp. School Dist., Lower Dauphin School, Middletown School Area, and Susquehanna School Dist., respondents/appellees.
Douglas B. Marcello, Thomas, Thomas & Hafer, Harrisburg, PA, for Steelton-Highspire School Dist., respondent/appellee.
Before: HUTCHINSON, NYGAARD and GARTH, Circuit Judges.
United States Court of Appeals, Third Circuit.
Submitted Under Third Circuit LAR 34.1(a) November 29, 1994.
OPINION OF THE COURT
GARTH, Circuit Judge:
An appeal and a petition for mandamus seek review of an order of the district court judge remanding this proceeding to state court pursuant to Fair Assessment in Real Estate Ass'n, Inc. v. McNary,454 U.S. 100, 102 S.Ct. 177, 70 L.Ed.2d 271 (1981). The central issues presented are whether this Court's review...
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