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WHITELAND WOODS v. TOWNSHIP OF WEST WHITELAND

No. 97-1944.

193 F.3d 177 (1999)

WHITELAND WOODS, L.P., Appellant v. TOWNSHIP OF WEST WHITELAND; West Whiteland Board of Supervisors; West Whiteland Planning Commission; Diane S. Snyder; Jerry Poletto; Jack C. Newell; Kathi Holahan; Nancy Carville; Carl Dusinberre v. John D. Snyder.

United States Court of Appeals, Third Circuit.

Reargued December 4, 1998.

Decided September 23, 1999.

Attorney(s) appearing for the Case

Thomas A. Riley, Jr., (Argued 6/5/98 and 12/4/98) Riley, Riper, Hollin & Colagreco, Paoli, Pennsylvania, for Appellant.

Thomas X. McAndrew, Jr., Siana & Vaughan, Exton, Pennsylvania; Jeffrey R. Baldyga (Argued 6/5/98),* Siana, Shields & Vaughan, Exton, Pennsylvania, for Appellees, Township of West Whiteland; West Whiteland Board of Supervisors; West Whiteland Planning Commission; Diane S. Snyder; Jerry Poletto; Jack C. Newell; Kathi Holahan; Nancy Carville; and Carl Dusinberre.

Geoffrey C. Jarvis (Argued 12/4/98), Richard A. Sprague, Sprague & Sprague, Philadelphia, Pennsylvania; Guy A. Donatelli, Lamb, Windle & McErlane, West Chester, Pennsylvania, for Appellee, John D. Snyder.

Before SCIRICA, NYGAARD and ROSENN, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this civil rights action, real estate developer Whiteland Woods, L.P., a subsidiary of Toll Brothers, asserts that its First and Fourteenth Amendment rights were violated by a township's refusal to allow videotaping of a meeting of the Township Planning Commission. In a parallel state court action, the township acknowledged that Pennsylvania's Sunshine Act, 65 Pa. Stat. Ann. §§ 271-86 (West Supp.1998...

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