RUIZ v. NEW GARDEN TP.

No. 02-4434.

376 F.3d 203 (2004)

Guilermina RUIZ; Rodolfo Villagomez; Antonio Lopez; Antonio Ortiz; Rafael Luna; Angelica Sanchez; Jose J. Padron; and J. Guadalupe Lopez v. NEW GARDEN TOWNSHIP; Robert N. Taylor, III; Willard H. Smedley; Patrick J. Kenney; Norman S. Nunn; Frank J. Zagorskie; The Zoning Hearing Board of New Garden Township; David Carlin; Angelo Zunino; James Diluzio, Appellants Dante DiUblado; Lucy M. DiUblado, (Intervenors in D.C.).

United States Court of Appeals, Third Circuit.

Filed July 26, 2004.


Attorney(s) appearing for the Case

Arthur W. Lefco, (Argued), James W. Gicking, Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, for Appellants.

Robert F. Salvin, (Argued), Community Impact Legal Services, Inc., Chester, PA, for Appellees.

Before ROTH, McKEE, and ROSENN, Circuit Judges.


McKEE, Circuit Judge.

We are asked to review an order of the district court enjoining New Garden Township and its employees ("the Township") from enforcing a zoning enforcement notice that would have resulted in the eviction of plaintiff tenants.1 The plaintiffs requested the injunction pursuant to 42 U.S.C. § 1983 arguing that the Township had violated their Fourteenth Amendment right to procedural due process in failing to notify...

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