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SMITHFIELD CONCERNED CITIZENS v. TOWN OF SMITHFIELD

No. 89-1819.

907 F.2d 239 (1990)

SMITHFIELD CONCERNED CITIZENS FOR FAIR ZONING, et al., Plaintiffs, Appellants, v. The TOWN OF SMITHFIELD, etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 2, 1990.

As Amended July 3, 1990.

Attorney(s) appearing for the Case

John B. Webster with whom Michael A. Kelly and Adler Pollock & Sheehan Inc., Providence, R.I., were on brief, for plaintiffs, appellants.

C. Russell Bengtson and Edmund L. Alves, Jr., with whom Carroll, Kelly & Murphy, Gorham & Gorham, Edward W. Moses and Asquith, Merolla, Anderson, Ryan & Wiley, Providence, R.I., were on brief, for defendants, appellees.

Before CAMPBELL, Chief Judge, BOWNES, Senior Circuit Judge, and CYR, Circuit Judge.

LEVIN H. CAMPBELL, Circuit Judge.

The twenty-five appellants brought suit in the district court against the Town of Smithfield, Rhode Island, the Town Council, and the individual Council members, seeking a declaration that a new zoning ordinance adopted by the Town Council was invalid, an injunction against its enforcement, and $50 million in damages. The district court dismissed the complaint for failure to state a claim upon which relief may be granted. ...

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