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NESTOR COLON MEDINA & SUCESORES INC. v. CUSTODIO

Civ. No. 89-1371 GG.

758 F.Supp. 784 (1991)

NESTOR COLON MEDINA & SUCESORES INC., Dr. Maximo J. Cerame Vivas, Mrs. Rita Maria Colon and the conjugal partnership formed between them, Plaintiffs, v. Patria G. CUSTODIO, Lina Dueño, and Santos Negron, individually and officially as Chairman, Vice-Chairman and Associate Member of the Puerto Rico Planning Board, respectively, and the Puerto Rico Planning Board, Defendants.

United States District Court, D. Puerto Rico.

February 8, 1991.

Attorney(s) appearing for the Case

Gonzalez, Bennazar & Colorado, José R. García Pérez, Hato Rey, P.R., for plaintiffs.

Antonio Fiol Matta, Federal Litigation Div., Dept. of Justice, San Juan, P.R., for defendants.

OPINION AND ORDER

GIERBOLINI, District Judge.

Before the court is defendants' motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.1

I. INTRODUCTION

This is an action involving the denial of permits to build a hazardous and toxic waste disposal facility and a tourist residential complex by the Puerto Rico Planning Board. Pursuant to Title 42 U.S.C. § 1983,

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