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Celestial Community Development Corp., Inc. v. City of Philadelphia and Elser Street Properties

September 28, 2012

CELESTIAL COMMUNITY DEVELOPMENT CORP., INC. PLAINTIFF
v.
CITY OF PHILADELPHIA AND ELSER STREET PROPERTIES, LLC, DEFENDANTS



The opinion of the court was delivered by: James Knoll Gardner U nited States District Judge

ORDER

NOW, this 28th day of September, 2012, upon consideration of the following documents:

(1) Defendant City of Philadelphia's Motion to Dismiss Complaint Under Rule 12(b)(6), which motion to dismiss was filed on December 14, 2012 ("City's Motion to Dismiss"), together with

(A) Brief in Support of Defendant City of Philadelphia's Rule 12(b)(6) Motion to Dismiss Complaint for Failure to State a Claim, together with the following exhibits to defendant City's brief:

(i) Exhibit A, Complaint filed August 26, 2011 in the Court of Common Pleas of Philadelphia County, Term No. 110800219;

(ii) Exhibit B, Rule dated May 5, 2004 in City of Philadelphia v. Hugh R. Older, February Term 1994, No. 70041, Tax Lien Docket, for Hugh R. Older to show cause why a Decree should not issue permitting the sale of 2808 West Thompson Street, Philadelpha, Pennsylvania; and

(iii) Exhibit C, Decree dated June 30, 2004 in City of Philadelphia v. Hugh R. Older, February Term 1994, No. 70041, Tax Lien Docket, ordering 2808 West Thompson Street, Philadelphia, Pennsylvania to be sold by the Sheriff on August 18, 2004;

(2) [Plaintiff's] Response [in Opposition] to Defendant City of Philadelphia's Motion to Dismiss Complaint Under Rule 12(b)(6), which response was filed on January 17, 2012, together with

(A) [Brief in Support of] Plaintiff's Response [in Opposition] to Defendant City of Philadelphia's Motion to Dismiss Complaint Under Rule 12(b)(6);

(3) Defendant, Elser Street Properties, LLC's Motion to Dismiss Plaintiff's Complaint Under Rule 12(b)(6), which motion to dismiss was filed on December 19, 2011 ("Elser Street LLC's Motion to Dismiss"), together with

(A) Defendant, Elser Street Properties, LLC's Memorandum of Law in Support of Motion to Dismiss Plaintiff's Complaint Under Rule 12(b)(6), together with the following exhibits to defendant Elser Street's memorandum of law:

(i) Exhibit 1, Complaint filed August 26, 2011 in the Court of Common Pleas of Philadelphia County, Term Number 110800219;

(ii) Exhibit 2, Rule dated May 5, 2004 in City of Philadelphia v. Hugh R. Older, February Term 1994, No. 70041, Tax Lien Docket, for Hugh R. Older to show cause why a Decree should not issue permitting the sale of 2808 West Thompson Street, Philadelpha, Pennsylvania; and Decree dated June 30, 2004 ordering 2808 West Thompson Street, Philadelphia, Pennsylvania to be sold by the Sheriff on August 18, 2004;

(iii) Exhibit 3, Amended Claim for Registered Taxes filed June 26, 2008 in City of Philadelphia v. Hugh R. Older, February Term 1994, No. 49863, Tax Lien Docket; and Decree dated October 10, 2008 ordering 1257 North Newkirk Street, ...


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