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RHODE ISLAND COGENERATION ASSOC. v. EAST PROVIDENCE

Civ. A. No. 89-0327P.

728 F.Supp. 828 (1990)

RHODE ISLAND COGENERATION ASSOCIATES, A Delaware Limited Partnership; Newbay Corporation and Oeig Limited Partnership, General Partners; and Newbay Corporation v. The CITY OF EAST PROVIDENCE; The City Council of the City of East Providence; Leo C. Sullivan, Gerald R. Lynch, Paul J. Tavares, Joseph A. Botelho, Jr., and John J. Hurley, in their official capacities; and Alice Soares, Acting Treasurer, The City of East Providence.

United States District Court, D. Rhode Island.

January 4, 1990.

Attorney(s) appearing for the Case

George E. Liberman, Robert A. Pitassi, Licht & Semonoff, Providence, R.I., for plaintiffs.

William J. Conley, Jr., City Sol., East Providence, R.I., Michael Rubin, Asst. Atty. Gen., Providence, R.I., for defendant-intervenor, R.I.

James Purcell, Steven Snow, Providence, R.I., for defendants.

OPINION AND ORDER

PETTINE, Senior District Judge.

This action is brought by a corporation and a related limited partnership that plan to build a coal-fired cogeneration electrical facility in East Providence. Their efforts were stifled by the passage of an ordinance by the City Council of East Providence that bans the commercial use of coal anywhere in the City. The corporation and limited partnership are asking this Court to declare the ordinance void and...

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