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EICHENLAUB v. TOWNSHIP OF INDIANA

No. 03-2707.

385 F.3d 274 (2004)

David EICHENLAUB; Ike Construction; Daniel Eichenlaub; Barbara Eichenlaub, Appellants v. TOWNSHIP OF INDIANA; Township of Indiana Board of Supervisors; Dorothy T. Claus; George E. Dull, Jr.; Charles R. Federoff; Jeffrey D. Peck; Daniel L. Taylor, in their official capacities; Township of Indiana Code Enforcement Officer, Jeffrey S. Curti, in his official capacity; Dan Anderson, in his official capacity; Mildred Brozek, Administratrix of the Estate of Kevin Brozek; Township of Indiana Engineer, Daniel B. Slagle, in his individual and official capacity.

United States Court of Appeals, Third Circuit.

Filed September 21, 2004.

Attorney(s) appearing for the Case

Blaine A. Lucas (Argued), Gerri L. Sperling, Springer Bush & Perry P.C., Pittsburgh, PA, for Appellants.

Scott G. Dunlop (Argued), Stephen J. Poljak, Marshall, Dennehey, Warner, Coleman & Goggin, P.C., Pittsburgh, PA, for Appellees, except for Dorothy T. Claus.

Jeffrey Cohen (Argued), Mark A. Eck, Meyer, Darragh, Buckler, Bebeneck & Eck, Pittsburgh, PA, for Appellee, Dorothy T. Claus.

Before AMBRO, CHERTOFF, and BECKER, Circuit Judges.

CHERTOFF, Circuit Judge.

Appellants, members of the Eichenlaub family and their family-owned business, have been embroiled in a contentious zoning dispute with Appellees, the Township of Indiana, Pennsylvania, and several of its officials. The controversy arises from the Eichenlaubs' desire to develop certain pieces of property, and from the Township's insistence that the development comply with a number of regulations. The...

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