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MURPHY v. ZONING COM'N OF TOWN OF NEW MILFORD

No. CIV.3:00CV2297(HBF).

289 F.Supp.2d 87 (2003)

Robert MURPHY and Mary Murphy, Plaintiffs, v. ZONING COMMISSION OF THE TOWN OF NEW MILFORD, et al, Defendants

United States District Court, D. Connecticut.

September 30, 2003.

Attorney(s) appearing for the Case

Vincent P. McCarthy, McCarthy Law Offices, New Milford, CT, for Plaintiffs.

Steven E. Byrne, Law Offices of Thomas P. Byrne, Farmington, CT, for Defendants.

John B. Hughes, U.S. Attorney's Office, New Haven, CT, Tamara Ulrich, U.S. Dept. of Justice Civil Division, Federal Programs, Washington, DC, for Intervenor-Defendant.

Howard M. Wood, III, Phelon, Fitzgerald & Wood, Manchester, CT, for Amicus.

RULING ON CROSS MOTIONS FOR SUMMARY JUDGMENT

FITZSIMMONS, United States Magistrate Judge.

I. INTRODUCTION

This case involves the very important issue of whether a cease and desist order issued by the defendant Zoning Enforcement Officer ("ZEO"), at the request of the defendant Zoning Commission of the Town of New Milford ("NMZC"), violates plaintiffs' rights under the United States Constitution...

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