GULLA v. NORTH STRABANE TP.

No. 97-3302.

146 F.3d 168 (1998)

Ronald GULLA, v. NORTH STRABANE TOWNSHIP; Norma Wintermyer, individually and in her capacity as North Strabane Township Supervisor; Alan A. Axelson, M.D.; Lindencreek Associates; T.A. Ward Constructors Advanced Building Development. Ronald Gulla And Evelyn Gulla, Appellants.

United States Court of Appeals, Third Circuit.

Decided June 8, 1998.


Attorney(s) appearing for the Case

Peter M. Suwak (Argued), Washington, PA, Attorney for Appellants.

George R. Farneth, II, Zimmer Kunz, P.C., Pittsburgh, PA, Attorney for Appellees Lindencreek Associates and Alan A. Axelson, M.D.

John M. Giunta, C. Leon Sherman & Associates, P.C., Pittsburgh, PA, Attorney for Appellee Norma Wintermyer in her individual capacity.

Daniel P. McDyer, Paul G. Mayer, Jr., Anstandig, McDyer, Burdette & Yurcon, P.C., Pittsburgh, PA, Attorneys for Appellee Advanced Building Development.

Paul J. Walsh, III, Shannon E. Elby (Argued) Summers, McDonnell, Walsh & Skeel Pittsburgh, PA Attorneys for Appellees North Strabane Township and Norma Wintermyer in her official capacity.

Charles D. Sheehy, Charles D. Sheehy & Associates, Pittsburgh, PA, Attorney for Appellee T.A. Ward Constructors.

Before: NYGAARD and ALITO, Circuit Judges, and DEBEVOISE, District Judge.


OPINION OF THE COURT

ALITO, Circuit Judge.

Appellants Ronald and Evelyn Gulla challenge the dismissal of their federal civil rights claims based on the Rooker-Feldman doctrine. Because we conclude that the Gullas' claims are not barred by that doctrine, we reverse.

I.

The Gullas own a home in North Strabane Township, Pennsylvania.1 In April 1993, Lindencreek Associates ("Lindencreek") applied to the Township...

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