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TALIAFERRO v. DARBY TP. ZONING BD.

No. 05-2253.

458 F.3d 181 (2006)

Lee TALIAFERRO, Samuel Alexander, Beatrice Moore, and Bernice Wilson, Appellants v. DARBY TOWNSHIP ZONING BOARD, John Dougherty, Individually and as a Member of the Darby Township Zoning Board; Jesse Byrd-Estes, Individually and as a Member of the Darby Township Zoning Board; Lamont Jacobs, Individually and as a Member of the Darby Township Zoning Board; John J. O'Neill, Individually and as a Member of the Darby Township Zoning Board; William Ryan, Individually and as a Member of the Darby Township Zoning Board; Darby Township; Delaware County Redevelopment Authority; United States Department of Housing and Urban Development; Maureen Healy also known as Maureen Diluzio; John Doe; Detective John Ryan, Manager of Darby Township, Individually and as Manager; Secretary Mel Martinez, Individually and as Secretary of HUD; Milton R. Pratt, Jr., Individually and as Regional Director of HUD, Appellees.

United States Court of Appeals, Third Circuit.

Opinion Filed August 10, 2006.

Attorney(s) appearing for the Case

Robert J. Sugarman, Esquire (Argued), Sugarman and Associates, P.C., Philadelphia, PA, for Appellants.

James J. Byrne, Jr., Esquire (Argued), Kelly S. Sullivan, Esquire, Curran & Byrne, P.C., Media, PA, for Appellees Township of Darby, Darby Township Zoning Hearing Board, John Dougherty, Jesse Byrd-Estes, Lamont Jacobs, John J. O'Neill, William Ryan, and John Ryan.

Curtis P. Cheyney, III, Esquire (Argued), Swartz Campbell LLC, Philadelphia, PA, for Appellees Delaware County Redevelopment Authority.

Lee J. Janiczek, Esquire (Argued), Reilly, Janiczek & McDevitt, P.C., Philadelphia, PA, for Appellee Maureen Healy.

Before ROTH and ALDISERT, Circuit Judges, and RODRIGUEZ, District Judge.

OPINION OF THE COURT

RODRIGUEZ, District Judge.

On its face, this case presents the Court with the issue of whether neighboring property owners who allege that their property values will be diminished and their neighborhood blighted by the construction of a storage facility have standing to sue under 42 U.S.C. § 1983. The focus of this case is the propriety of the Darby Township Zoning Hearing Board's ("Board") decision to grant a variance, which permitted...

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