DEPOLO v. BOARD OF SUPERVISORS OF TREDYFFRIN TOWNSHIP et al

Filing 43

ORDER THAT THE ZHBA'S MOTION FOR LEAVE TO FILE A REPLY IS GRANTED. THE ZHBA'S MOTION TO DISMISS IS GRANTED. THE BOARD'S MOTION TO DISMISS IS GRANTED. THE WOULD-BE INTERVENERS' MOTION FOR RECONSIDERATION IS DENIED AS MOOT. THE COUR T HAVING DETERMINED THAT IT DECLINES TO EXERCISE ITS SUPPLEMENTAL JURISDICTION UNDER PLAINTIFF'S STATE LAW CLAIMS, THE PLAINTIFF'S CASE IS DISMISS AND THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE STEWART DALZELL ON 5/18/2015. 5/18/2015 ENTERED AND COPIES MAILED TO PRO SE'S AND E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JEFFREY J. DEPOLO
v.
BOARD OF SUPERVISORS OF
TREDYFFRIN TOWNSHIP et al.

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:
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CIVIL ACTION

NO. 14-6689

ORDER
AND NOW, this 18th day of May, 2015, upon consideration of the motions to dismiss
filed by the Board of Supervisors of Tredyffrin Township and its members (“Board”) (docket
entry # 22) and the Zoning Hearing Board of Appeals and its members (“ZHBA”) (docket entry
# 2), and the plaintiff’s opposition thereto, as well as the ZHBA’s motion for leave to file a reply
(docket no. 24) and the would-be interveners'’ motion for reconsideration (docket entry # 38), it
is hereby ORDERED that:
1.

The ZHBA’s motion for leave to file a reply is GRANTED;

2.

The ZHBA’s motion to dismiss is GRANTED;

3.

The Board’s motion to dismiss is GRANTED;

4.

The would-be interveners'’ motion for reconsideration is DENIED AS MOOT;

5.

The Court having determined under 28 U.S.C. § 1367(c) that it declines to

exercise its supplemental jurisdiction under plaintiff's state law claims, the plaintiff’s case is
DISMISSED; and
6.

The Clerk of Court shall CLOSE this action statistically.
BY THE COURT:
_/s/ Stewart Dalzell, J.
Stewart Dalzell, J.