Sutton et al v. Chanceford Township et al

Filing 16

ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED that the 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM is GRANTED IN PART AND DENIED IN PART. Plaintiffs are granted leave to file an amended complaint within 21 days of the date of this order. Signed by Honorable Yvette Kane on 5/16/16. SEE MEMO AND ORDER FOR DETAILS. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TERRY SUTTON, et al.,
Plaintiffs
v.
CHANCEFORD TOWNSHIP, et al.,
Defendants

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No. 1:14-cv-1584

(Judge Kane)

ORDER
AND NOW, on this 16th day of May 2016, IT IS HEREBY ORDERED THAT
Defendants’ motion to dismiss (Doc. No. 6) is GRANTED IN PART and DENIED IN PART
as follows:
1.

Plaintiffs’ claim under the Takings Clause of the United States Constitution is
DISMISSED WITHOUT PREJUDICE;

2.

Plaintiffs’ claim under the Equal Protection Clause of the United States
Constitution is DISMISSED WITHOUT PREJUDICE;

3.

Plaintiffs’ claim under the Due Process Clause of the United States Constitution is
DISMISSED WITHOUT PREJUDICE;

4.

In all other respected, Defendants’ motion is DENIED; and

5.

Plaintiffs are granted leave to file an amended complaint within 21 days of the
date of this order.
S/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania