United States Third Circuit

In a suit alleging due-process violations by defendant when it condemned plaintiff's apartment complex without a predeprivation hearing, summary judgment for defendants is affirmed where: 1) the summary condemnation by defendant on the basis of an immediate and substantial threat to the health and welfare of the apartment residents did not require a predeprivation hearing; and 2) plaintiffs were not entitled to relief because they failed to avail themselves of the offered postdeprivation administrative appeal.

Appellate Information

• Decided 09/09/2008
• Published 09/09/2008

Judges

• Before:  AMBRO, FISHER, and MICHEL, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Douglas F. Schleicher, Esquire, Klehr, Harrison, Harvey, Branzburg & Ellers, LLP, Philadelphia, PA, David S. Eagle, Esquire (Argued), Klehr, Harrison, Harvey, Branzburg & Ellers, LLP, Wilmington, DE, for Appellant.


• For Appellees:
  
• Edward M. McNally, Esquire (Argued), Liza H. Sherman, Esquire, Jason C. Jowers, Esquire, Morris James, Wilmington, DE, for Appellees.