MYERS v. PENN TP. BD. OF COM'RS

No. Civ.A. 1:CV-98-1884.

50 F.Supp.2d 385 (1999)

Joseph A. MYERS, Plaintiff, v. PENN TOWNSHIP BOARD OF COMMISSIONERS (Fred Stine, Charles Stauffer, Michael Rishel, Joe Klunk and Wendell Felix); and Penn Township, Defendants.

United States District Court, M.D. Pennsylvania.

June 3, 1999.


Attorney(s) appearing for the Case

Daniel M. Frey, Hanover, PA, Rees Griffiths, Barley, Snyder, Senft & Cohen, York, PA, for plaintiff.

Walter A. Tilley, III, Stetler & Gribbin, York, PA, for defendants.


MEMORANDUM

CALDWELL, District Judge.

I. Introduction.

Joseph A. Myers Real Estate, Inc. (the "owner/developer") obtained the approval of Penn Township for a plan to construct a residential real estate development. During the course of construction, the Township drew down on a letter of credit that the plaintiff, Joseph A. Myers ("Myers"), had provided to secure the construction of certain improvements required by the plan. According...

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