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KNICK v. TP. OF SCOTT

No. 16-3587.

862 F.3d 310 (2017)

Rose Mary KNICK, Appellant, v. TOWNSHIP OF SCOTT; Carl S. Ferraro, Individually and in his Official Capacity as Scott Township Code Enforcement Officer.

United States Court of Appeals, Third Circuit.

Filed: July 6, 2017.

Attorney(s) appearing for the Case

Frank J. Bolock, Jr. , 212 Front Street, Clarks Summit, PA 18411, J. David Breemer [ARGUED], Pacific Legal Foundation, 930 G Street, Sacramento, CA 95814, Counsel for Appellant.

Mark J. Kozlowski , William J. McPartland , Thomas A. Specht [ARGUED], Marshall Dennehey Warner , Coleman & Goggin, P.O. Box 3118, Scranton, PA 18505, Counsel for Appellees.

Before: SMITH, Chief Judge, McKEE, and RENDELL, Circuit Judges.

OPINION

On December 20, 2012, the Township of Scott in Lackawanna County, Pennsylvania enacted an ordinance regulating cemeteries. The ordinance authorizes officials to enter upon any property within the Township to determine the existence and location of any cemetery. The ordinance also compels property owners to hold...

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