Weber Gallagher Simpson Stapleton Fires & Newby LLP

June 05, 2006 : Weber Gallagher Attorneys Earn Third Circuit Victory

Joseph Goldberg and Wendi D. Barish, partners in the Philadelphia office of Weber Gallagher Simpson Stapleton Fires & Newby LLP, recently prevailed in an appeal before the United States Court of Appeals for the Third Circuit.  In Teed v. Hilltown Twp., initially venued in the United States District Court for the Eastern District of Pennsylvania, the plaintiffs filed suit against the Township, a number of township officials and their solicitors, claiming violations of their civil rights as a result of the treatment of several zoning applications filed by Plaintiffs.  Weber Gallagher represented the defendants.  The plaintiffs alleged denial of due process, denial of equal protection and inverse condemnation.

Upon a motion to dismiss, the trial court dismissed the plaintiffs’ claims for denial of due process and inverse condemnation.  After the conclusion of discovery, Mr. Goldberg and Ms. Barish filed a motion for summary judgment seeking the dismissal of the remaining equal protection claim.  Following oral argument, the motion was granted by the District Court. 

Plaintiffs then filed an appeal to the Third Circuit challenging the trial court’s decision.  After briefing and oral argument, on May 18, 2006, the Third Circuit affirmed the decision by the District Court.