Legal Opinion
Barnes Foundation v. Township of Lower Merion
District Court, E.D. Pennsylvania
Decided June 3, 1996No. Civ. A. 96-0372PublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM and ORDER
ANITA B. BRODY, District Judge.
Before me for disposition are the Motions to Dismiss filed by defendant Township of Lower Merion (“Township”), defendant Township Commissioners (“Commissioners”), and defendant neighbors (“Neighbors”). Oral argument on these motions was held on May 10, 1996. After reviewing the various arguments, I will grant the Neighbors’ Motions to Dismiss on grounds of first amendment immunity (Noerr-Pennington doctrine), and will deny the Township’s and the Commissioners’ Motions to Dismiss the § 1983 and § 1985(3) claims. I refuse to abstain under…
2Cases cited27 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Younger v. HarrisSupreme Court of the United States · 1971
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Steffel v. ThompsonSupreme Court of the United States · 1974
- City of Newport v. Fact Concerts, Inc.Supreme Court of the United States · 1981
22 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Addiction Specialists, Inc. v. The Township of Hampton, the Township of Hampton Council and the Commonwealth of PennsylvaniaCourt of Appeals for the Third Circuit · 2005
- Davis v. GlantonCourt of Appeals for the Third Circuit · 1997
- The Barnes Foundation v. The Township of Lower Merion the Lower Merion Board of Commissioners Gloria P. Wolek, Individually and in Her Capacity as President of the Township Board of Commissioners Frank Lutz, Individually and in His Capacity as Commissioner Kenneth E. Davis, Individually and in His Capacity as Commissioner Phyllis L. Zemble, Individually and in Her Capacity as Commissioner Ora R. Pierce, Individually and in Her Capacity as Commissioner James J. Prendergast, Individually and in His Capacity as Commissioner Alan C. Kessler, Individually and in His Capacity as Commissioner Brian D. Rosenthal, Individually and in His Capacity as Commissioner Joseph M. Manko, Individually and in His Capacity as Commissioner Howard L. West, Individually and in His Capacity as Commissioner W. Bruce McConnel Iii, Individually and in His Capacity as Commissioner James S. Ettelson, Individually and in His Capacity as Commissioner David A. Sonenshein, Individually and in His Capacity as Commissioner Regene H. Silver, Individually and in Her Capacity as Commissioner Steven Asher Ina Asher, H/w Robert Marmon Toby Marmon, H/w Walter Herman Nancy Herman, H/w Arthur Gershkoff Leonard H. Ginsberg Beth R. Ginsberg, H/w Mark Moster Marlene Moster, H/w James Nealon Lester Schaevitz Diane Schaevitz, H/w Michael Toaff Anna Lev-Toaff, H/w Bruce Schainker Ina Asher, Steven Asher, Nancy Herman Walter Herman, Robert Marmon and Toby MarmonCourt of Appeals for the Third Circuit · 2001
- Barnes Foundation v. Township of Lower MerionCourt of Appeals for the Third Circuit · 2001
- King v. Township of East LampeterDistrict Court, E.D. Pennsylvania · 1998
11 more not listed; retrieve them via the Exa API.