(Download) "Appelmans v. City of Philadelphia" by United States Court of Appeals for the Third Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Appelmans v. City of Philadelphia
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 18, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Opinion OF THE COURT MANSMANN, Circuit Judge. This class action under 42 U.S.C. ร§ 1983 against the City of Philadelphia was instituted by residents of Philadelphia who are consumers of gas purchased from the Philadelphia Gas Works (""PGW""). The plaintiffs alleged that the transfer of $6.5 million from the PGW's sinking fund reserve to the General Fund of the City of Philadelphia constituted a special assessment against them and was violative of their rights under the equal protection clause of the 14th Amendment, a taking of property without just compensation in violation of the 5th Amendment and was violative of Pennsylvania's law of municipal utilities. The district court entered summary judgment for the defendant City of Philadelphia, finding that the plaintiffs had failed to state a cause of action under ร§ 1983 in that the transfer of funds does not constitute a special assessment. After de novo review, we find no evidentiary materials of record to support the assertion that the appellants have a protectible property interest in the funds at issue here. Therefore, we will affirm the grant of summary judgment for the defendants.