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LAKESIDE RESORT ENTER. v. SUP'RS OF PALMYRA TP.

No. 05-1163.

455 F.3d 154 (2006)

LAKESIDE RESORT ENTERPRISES, LP; Lakeside Waters Edge, Inc.; Paupack Holding, Inc.; Lakeside Water System, Inc.; Edwin, Inc.; Mark Gawron; Marcella Gawron; Gerald Gawron; Jerome Gawron, Appellants v. BOARD OF SUPERVISORS OF PALMYRA TOWNSHIP; Palmyra Township.

United States Court of Appeals, Third Circuit.

Opinion Filed July 20, 2006.

Attorney(s) appearing for the Case

Jeremy A. Haugh, Esquire, Hamlin, PA, Ronald V. Santora, Esquire (Argued), Bresset & Santora, Forty Fort, PA, Counsel for Appellants.

Patrick J. Murphy, Esquire (Argued), Murphy, Piazza & Genello, Scranton, PA, Counsel for Appellees.

Before: AMBRO and STAPLETON, Circuit Judges, STAGG, District Judge.

OPINION OF THE COURT

AMBRO, Circuit Judge.

We consider whether a proposed drug — and alcohol-treatment facility, under the facts of this case, qualifies as a dwelling under the Fair Housing Act. Due to funding restrictions, residents of the facility would stay there for slightly more than two weeks on average. But the facility is intended for longer stays, and many stay longer. Moreover, while they are there, the residents would treat the facility...

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