McLaughlin v. Forty Fort Borough

MEMORANDUM OPINION

ROBERT D. MARIANI, District Judge.

I. Introduction

Before the Court is a Motion to Dismiss, or in the alternative, for Summary Judgment (Doc. 34) filed by Defendants Forty Fort Borough (the “Borough”) and Forty Fort Zoning Hearing Board (the “Board” or “ZHB”) (collectively, “Forty Fort Defendants”). For the reasons set forth below, Forty Fort Defendants’ Motion to Dismiss will be converted into a Motion for Summary Judgment with regard to Plaintiffs’ procedural due process claims alleged in Count III and granted. The Court will deny Forty Fort Defendants’ Motion to Dismiss…