SOUTHVIEW ASSOC. v. INDIVIDUAL MEMBERS

Civ. No. 91-200.

782 F.Supp. 279 (1991)

SOUTHVIEW ASSOCIATES, LTD., Southview at Stratton Partners v. INDIVIDUAL MEMBERS OF THE VERMONT ENVIRONMENTAL BOARD; Ferdinand Bongartz, Lixi Fortna, Arthur Gibb, Samuel Lloyd, William Martinez, Charles Storrow, Steve Wright, and the Chairman of the Environmental Board, Elizabeth Courtney.

United States District Court, D. Vermont.

December 6, 1991.


Attorney(s) appearing for the Case

Peter W. Hall, Abell, Kenlan, Schwiebert & Hall, Rutland, Vt., for plaintiffs.

Ronald A. Shems, Vt. Atty. Gen.'s Office, John H. Hasen, Office of Atty. Gen., Montpelier, Vt., for defendants.


OPINION AND ORDER

BILLINGS, District Judge.

On August 27, 1991, defendants, all present members of the Vermont Environmental Board, filed a motion to dismiss the complaint of plaintiffs Southview Associates Ltd. and Southview at Stratton Partners ("Southview"). In support, defendants allege that the Eleventh Amendment to the United States Constitution precludes federal court jurisdiction and that the matter is not ripe for review. A hearing was held on November...

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