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BAKER v. COXE

No. Civ.A. 95-12477-PBS.

52 F.Supp.2d 244 (1999)

John W. BAKER and Susan Baker, Plaintiffs, v. Trudy COXE, Thomas W. French, Jay Copeland, Patricia A. Huckery, Bradford G. Blodget, Jane W. Mead, Susan F. Tierney, and Janet G. McCabe, Defendants.

United States District Court, D. Massachusetts.

June 8, 1999.

Attorney(s) appearing for the Case

Robert H. D'Auria, Bedford, MA, for John W. Baker, plaintiff.

Richard H. Spicer, Lucy A. Wall, Attorney General's Office Trial Division, Boston, MA, Douglas S. Brown, Attorney's General Office, Admin. Law Div., Boston, MA, Scott Hill-Whilton, Assistant Attorney General, Government Bureau Trial Division, Boston, MA, for Janet G. McCabe, Thomas French, Jay Copeland, Patricia Huckery, Bradford G. Blodgett, Jane Meade, defendants.

MEMORANDUM AND ORDER

SARIS, District Judge.

INTRODUCTION

This case concerns a proposed pier construction project on the northern end of Clark's Island, in Plymouth Harbor Massachusetts, and the pier's neighboring heronry. Plaintiffs John and Susan Baker privately own land on Clark's Island and, in May 1991, applied for a permit to build a pier on their land. In a suit under 42 U.S.C. § 1983 for violation of the First Amendment, they...

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