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GRANT v. CITY OF PITTSBURGH

Nos. 95-3599, 95-3600.

98 F.3d 116 (1996)

William GRANT; Ike Harris; Ambassador Development Corporation; Lazer Development Group, Inc.; The Aspen Group v. CITY OF PITTSBURGH; Eugene Ricciardi; Jack Wagner; James Ferlo; Daniel Cohen; Michelle Madoff; Duane Darkins; Bernard Regan; Pittsburgh City Council; City of Pittsburgh Planning Commission; City of Pittsburgh Historic Review Commission; Jane Downing; Thomas W. Armstrong; John Desantis; Michael Eversmeyer; John Raham; The South Side Planning Forum; The South Side Local Development Co.; The South Side Community Council of Pittsburgh, Inc.; The Brashear Association; South Side Antiques; Arts & Crafax Association; Gerald Morosco; Rebecca Flora; Cynthia Esser; John A. Johnston; Hugh J. Brannan, III; Thomas Tripoli; Private Party Defendants, City of Pittsburgh; Eugene Ricciardi; Jack Wagner, James Ferlo; Daniel Cohen; Michelle Madoff; Duane Darkins (deceased); Bernard Regan (deceased); Pittsburgh City Council; City of Pittsburgh Planing Commission; City of Pittsburgh Historic Review Commission; Jane Downing; Thomas W. Armstrong; John DeSantis; Michael Eversmeyer and John Rahaim, Appellants.

United States Court of Appeals, Third Circuit.

Decided October 18, 1996.

Attorney(s) appearing for the Case

George R. Specter, City of Pittsburgh, Department of Law, Pittsburgh, PA, Joseph E. Linehan (argued), Kevin F. McKeegan Meyer, Unkovic & Scott, Pittsburgh, PA, for Appellants.

Charles H. Saul (argued), Rosenberg & Kirshner, Pittsburgh, PA, Edwin J. Strassburger, Strassburger, McKenna, Gutnick & Potter, Pittsburgh, PA, for Appellees.

Before: SLOVITER, Chief Judge, COWEN and ROTH, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

The question presented in this appeal is whether the district court properly applied the test set forth by the Supreme Court in Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982), as refined by Anderson v. Creighton, 483 U.S. 635, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987), in denying summary judgment to twelve individual...

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