Legal Opinion
Frank E. Acierno v. Michael Mitchell, in His Official and Individual Capacity New Castle County
Court of Appeals for the Third Circuit
Decided October 4, 1993No. 93-7031PublishedCited by 64 opinions
1Opinion of the Court
OPINION OF THE COURT
SCIRICA, Circuit Judge.
In this zoning dispute, we again address ripeness in the context of a constitutional challenge to a land-use decision. See Taylor Inv., Ltd. v. Upper Darby Tp., 983 F.2d 1285 (3d Cir.1993). Because we find the challenge premature, we will vacate and remand with directions to dismiss without prejudice.
I
A
Plaintiff Frank Acierno owns property in New Castle County, Delaware. Under New Castle County’s zoning ordinance, a small part of the property is zoned C-2 (a classification for general commercial uses, Ordinance § 23-32) and the larger part M-l (a…
2Cases cited20 opinions
- Anderson v. CreightonSupreme Court of the United States · 1987
- Siegert v. GilleySupreme Court of the United States · 1991
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- Regional Rail Reorganization Act CasesSupreme Court of the United States · 1974
- MacDonald, Sommer & Frates v. Yolo CountySupreme Court of the United States · 1986
15 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Sameric Corporation Of Delaware, Inc. v. City Of PhiladelphiaCourt of Appeals for the Third Circuit · 1998
- Frank E. Acierno v. New Castle CountyCourt of Appeals for the Third Circuit · 1994
- Alexander A. Artway v. The Attorney General of the State of New Jersey Chief of Police of Woodbridge Township, New Jersey the Superintendent of the New Jersey State Police Attorney General of New Jersey and Superintendent of the New Jersey State Police, in No. 95-5157. Alexander A. Artway v. The Attorney General of the State of New Jersey Chief of Police of Woodbridge Township, New Jersey the Superintendent of New Jersey State Police Chief of Police of Woodbridge Township, New Jersey in No. 95-5194. Alexander A. Artway v. The Attorney General of the State of New Jersey Chief of Police of Woodbridge Township, New Jersey the Superintendent of New Jersey State Police Alexander A. Artway, in No. 95-5195Court of Appeals for the Third Circuit · 1996
- Blanche Road Corporation v. Bensalem TownshipCourt of Appeals for the Third Circuit · 1995
- Lapid-Laurel, L.L.C. v. Zoning Board Of Adjustment Of The Township Of Scotch PlainsCourt of Appeals for the Third Circuit · 2002
59 more not listed; retrieve them via the Exa API.