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HERR v. PEQUEA TP.

No. 00-2473.

274 F.3d 109 (2001)

E. Marvin HERR, Individually and T/A Millwood Park Associates, v. PEQUEA TOWNSHIP; Virginia K. Brady, Individually and in her Official Capacity; Bruce G. Groff, Individually and in his Official Capacity; Martin P. Hughes, Individually and in his Official Capacity E. Marvin Herr, Appellant.

United States Court of Appeals, Third Circuit.

December 11, 2001.

Attorney(s) appearing for the Case

Edward M. Posner, (Argued), Jeffrey P. Wallack, Drinker, Biddle & Reath, Philadelphia, PA, Attorneys for Appellant.

Kevin J. O'Brien, (Argued), Marks, O'Neil, O'Brien & Courtney, Philadelphia, PA, Attorney for Appellees.

Before: SCIRICA, GARTH and STAPLETON, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

E. Marvin Herr, a land developer, appeals the grant of summary judgment to Pequea Township ("Township") and its three supervisors, Virginia Brady, Bruce Groff, and Martin Hughes (collectively, "defendants"), in this civil rights action. Herr alleges that his right to substantive due process was violated by an eleven year campaign of the Township and its officers to delay and obstruct his development of an industrial...

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