W.D.D., Inc. v. Thornbury Tp., 87-1382

Citation850 F.2d 170
Decision Date28 June 1988
Docket NumberNo. 87-1382,87-1382
PartiesW.D.D., INC. v. THORNBURY TOWNSHIP, Chester County and Copeland, John G., Jr. Appellants.
CourtUnited States Courts of Appeals. United States Court of Appeals (3rd Circuit)

Charles W. Craven (argued), Maria Zulick, Robert G. Hanna, Jr., Marshall, Dennehey, Warner, Coleman and Goggin, Philadelphia, Pa., for appellants.

Thomas A. Riley, Jr. (argued), Louis J. Colagreco, Jr., Riley Law Associates, Ltd., Paoli, Pa., for appellee.

Before GIBBONS, Chief Judge, and SEITZ, HIGGINBOTHAM, SLOVITER, BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN and HUNTER, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

1. This is an action under 42 U.S.C. Sec. 1983. Appellee W.D.D., Inc. ("WDD") alleged that its civil rights were violated in connection with certain land use restrictions imposed by a municipality. Appellants Thornbury Township and John G. Copeland, Jr. moved for summary judgment and then for reconsideration. The district court denied both motions. Upon rehearing in banc, we will vacate the prior panel opinion reported at 839 F.2d 151 (3d Cir.1988), and dismiss the appeal as to both appellants.

I. APPEAL OF THORNBURY TOWNSHIP

2. Generally, 28 U.S.C. Sec. 1291 does not give this court jurisdiction to consider the denial of a motion for summary judgment. Metex Corp. v. ACS Industries, Inc., 748 F.2d 150, 153 (3d Cir.1984); Forsyth v. Kleindienst, 599 F.2d 1203, 1207 (3d Cir.1979), cert. denied sub nom. Mitchell v. Forsyth, 453 U.S. 913, 101 S.Ct. 3147, 69 L.Ed.2d 997 (1981). There is an exception to this rule when the appeal centers on the denial of a claim of immunity. See Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985). Appellant Thornbury Township, however, does not claim immunity from suit. Its entire argument, both in the district court and on appeal, is that under the applicable law of Sec. 1983 claims it is entitled to summary judgment. Since there has been no final judgment in its case, and since the Township does not raise a claim of immunity, this court has no jurisdiction to decide whether the district court properly refused to grant summary judgment. Therefore the Township's appeal will be dismissed.

II. APPEAL OF JOHN C. COPELAND, JR.

3. Appellant Copeland, a member of the Thornbury Township Board of Supervisors when this case arose, appeals from an order denying reconsideration of an order that had denied his motion for summary judgment on the ground of qualified immunity, which we shall treat as an appeal from the order...

To continue reading

Request your trial
4 cases
  • Acierno v. Cloutier
    • United States
    • U.S. Court of Appeals — Third Circuit
    • 18 Octubre 1994
    ...or for summary judgment because there is no final order within the meaning of 28 U.S.C. Sec. 1291. W.D.D., Inc. v. Thornbury Township, 850 F.2d 170, 171 (3d Cir.) (in banc) (per curiam), cert. denied, 488 U.S. 892, 109 S.Ct. 228, 102 L.Ed.2d 218 (1988). The Supreme Court, however, has held ......
  • Goldberg v. Town of Rocky Hill
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 10 Agosto 1992
    ...the law governing § 1983 suits"), cert. denied, 488 U.S. 892, 109 S.Ct. 228, 102 L.Ed.2d 218 (1988), vacated on other grounds, 850 F.2d 170 (3d Cir.1988); Blackburn v. Snow, 771 F.2d 556, 571 n. 13 (1st Cir.1985) ("[u]nlike individual defendants, local governmental entities may not interpos......
  • Giuffre v. Bissell
    • United States
    • U.S. Court of Appeals — Third Circuit
    • 4 Agosto 1994
    ...denying summary judgment because such orders are not final within the requirements of 28 U.S.C. Sec. 1291. W.D.D., Inc. v. Thornbury Township, 850 F.2d 170, 171 (3d Cir.) (in banc), cert. denied, 488 U.S. 892, 109 S.Ct. 228, 102 L.Ed.2d 218 The Supreme Court has held, however, that an order......
  • Harris v. Coweta County
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • 27 Octubre 1993
    ...922 F.2d 1097, 1105 (3d Cir.1990), cert. denied, --- U.S. ----, 111 S.Ct. 2827, 115 L.Ed.2d 997 (1991). See also W.D.D., Inc. v. Thornbury Township, 850 F.2d 170, 171 (3d Cir.), cert. denied, 488 U.S. 892, 109 S.Ct. 228, 102 L.Ed.2d 218 (1988) (no jurisdiction over appeal from denial of sum......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT