HANKIN FAMILY PART., et al v. UPPER MERION TOWN., et al

Filing 186

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS DENIED ON COUNTS I, II, AND III. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 1/5/12. 1/6/12 ENTERED AND COPIES E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
HANKIN FAMILY PARTNERSHIP, et al., :
:
Plaintiffs,
:
:
v.
:
:
UPPER MERION TOWNSHIP, et al.,
:
:
Defendants.
:

CIVIL ACTION
NO. 01-1622

ORDER
AND NOW, this 5th day of January 2012, upon consideration of Defendants’ Motion for
Summary Judgment, Statement of Uncontested Facts, Revised Statement of Uncontested Facts,
and Exhibits in Support (Doc. Nos. 141, 142, 146, 149), Plaintiff Timoney’s Memorandum in
Opposition to the Motion for Summary Judgment, Statement of Facts in Opposition to
Defendants’ Statement of Facts, Response in Opposition to Statement of Undisputed Facts, and
Exhibits in Support (Doc. Nos. 164, 165, 166, 167-171), Defendants’ Reply, Statement of Facts
in Opposition to Plaintiff’s Statement of Facts, and Exhibits in Support (Doc. Nos. 178, 179,
180), and Plaintiff’s Surreply (Doc. No. 182), and for the reasons stated in the Opinion filed this
day, it is ORDERED as follows:
1. Defendants’ Motion for Summary Judgment (Doc. No. 141) is DENIED on Counts I,
II, and III.

2. The Court will stay the adjudication of Counts V and VI until they become ripe for
disposition.
BY THE COURT:

/s/ Joel H. Slomsky, J.
JOEL H. SLOMSKY, J.