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ELSMERE PARK CLUB LTD. PRTP. v. TOWN OF ELSMERE

Civ. A. No. 90-424 (JRR).

771 F.Supp. 646 (1991)

ELSMERE PARK CLUB LIMITED PARTNERSHIP, a Delaware Limited Partnership, Plaintiff, v. TOWN OF ELSMERE, the Honorable Patricia M. Blevins, and Mark D'Onofrio, Defendants.

United States District Court, D. Delaware.

August 6, 1991.

Attorney(s) appearing for the Case

Roderick R. McKelvie and Ann M. Badmus of Ashby, McKelvie & Geddes, Wilmington, Del., for plaintiff.

Edward M. McNally and Barbara D. Crowell of Morris, James Hitchens & Williams, Wilmington, Del., for defendants.

OPINION

ROTH, Circuit Judge.*

The present dispute arose in the aftermath of a severe flood in the Town of Elsmere on July 5, 1989. Following the flood, the Town of Elsmere ("Town") condemned the thirty-nine basement level apartments in a 195 unit apartment complex (the "Apartments") owned by Elsmere Park Club Limited Partnership ("Elsmere Park"). Thereafter, the Town refused to issue Elsmere Park a building permit to restore...

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