Legal Opinion

New Directions Treatment Services v. City of Reading

District Court, E.D. Pennsylvania

Decided August 19, 2005No. Civ.A. 04-1311PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

DIAMOND, District Judge.

The City of Reading, acting pursuant to a Pennsylvania zoning statute, has denied the request of a methadone treatment center to operate in a residential neighborhood within the City. The center and six of its patients ask me to declare this zoning decision unconstitutional and illegal, and “to issue a permanent injunction enjoining Reading to grant [the] zoning permit.” (Pl. Mot. for Sum. Jud. at 1.) The Third Circuit has cautioned, however, that “the federal courts should not sit as a ‘zoning board of appeals.’” Lindquist v. Buckingham Twp., 106…

2Cases cited49 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  4. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  5. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947

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3Cited by1 opinion

  1. Cornell Companies, Inc. v. Borough of New MorganDistrict Court, E.D. Pennsylvania · 2007

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