Q.C. CONST. CO., INC. v. GALLO

Civ. A. No. 85-224 L.

649 F.Supp. 1331 (1986)

Q.C. CONSTRUCTION COMPANY, INC., Nicholas Cambio and Frank Paolino v. Frank GALLO, in his capacity as Building Official of the Town of Johnston, Louis R. Maccarone, Joseph Falvo, Benjamin Zanni, Joseph Voccola and Michael R. Simone, in their capacity as Members of the Johnston Town Council, Albert Verrengia in his capacity as Johnston Director of Finance and Vincent Iannazzi, in his capacity as Chairman of the Johnston Sewer Commission.

United States District Court, D. Rhode Island.

December 15, 1986.


Attorney(s) appearing for the Case

Michael A. Kelly and Patricia K. Rocha, Providence, R.I., for plaintiffs.

William Corrente, Asst. Town Solicitor, Johnston, R.I., for defendants.


OPINION

LAGUEUX, District Judge.

This case involves the constitutionality of a residential building moratorium enacted by Resolution of the Johnston Rhode Island Town Council on July 11, 1983. Plaintiffs have brought this action under 42 U.S.C. § 1983, alleging that, as a result of the moratorium, defendants have deprived plaintiffs of their property without due process of law in violation of the Fifth and

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