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VUYANICH v. SMITHTON BOROUGH

No. 20-1813.

5 F.4th 379 (2021)

Timothy E. VUYANICH; Carol L. Vuyanich, Appellants v. SMITHTON BOROUGH; Chief Michael R. Natale, in his individual capacity; Patrolman Ralph R. Marsico, Jr., in his individual capacity; Dale H. Cooper; Marsh Auto Savage Inc.; Harry F. Thompsons Garage, Inc.; Jarvis Auto & Truck Salvage; R&R Auto Recycling; South Huntingdon Township; Supervisor Eddie Troupe, in his individual capacity; Supervisor Matthew Jennewine, in his individual capacity; Supervisor Richard Gates, in his individual capacity.

United States Court of Appeals, Third Circuit.

Opinion filed: July 27, 2021.

Attorney(s) appearing for the Case

Alexander W. Brown [Argued], Bernard P. Matthews, Jr. , Meyer Darragh Buckler Bebenek & Eck, 40 North Pennsylvania Avenue, Suite 410, Greensburg, PA 15601, Counsel for Appellants.

Suzanne B. Merrick [Argued], Thomas Thomas & Hafer, U.S. Steel Tower, 600 Grant Street, Suite 2600, Pittsburgh, PA 15219, Counsel for Appellees Borough of Smithton, Chief Michael R. Natale, and Patrolman Ralph Marsico, Jr.

Adam R. Gorzelsky , 101 North Main Street, Suite 106, Greensburg, PA 15601, Counsel for Appellee Harry F. Thompson's Garage Inc.

John P. Morgenstern , Penelope B. O'Connell , O'Hagan Meyer, 1500 Market Street, East Tower, 12th Floor, Philadelphia, PA 19102, Counsel for Appellee Jarvis Auto & Truck Salvage.

Dennis J. Mulvihill [Argued], William C. Robinson, III , Amy V. Sims , Robb Leonard & Mulvihill, 500 Grant Street, BNY Mellon Center, Suite 2300, Pittsburgh, PA 15219, Counsel for Appellees Township of South Huntingdon, Supervisor Eddie Troupe, Supervisor Matthew Jennewine, Supervisor Richard Gates.

Before: AMBRO, BIBAS, and ROTH, Circuit Judges.

OPINION OF THE COURT

Two homeowners allegedly treated their property as a junkyard. This resulted in misdemeanor criminal charges against one of the homeowners for creating a public nuisance. The surrounding borough sought to clean up the property while the charges were pending, and a Pennsylvania state court judge...

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