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TORROMEO v. TOWN OF FREMONT, NH

No. 04-2547.

438 F.3d 113 (2006)

Henry TORROMEO and MDR Corporation, Plaintiffs, Appellants, v. TOWN OF FREMONT, NEW HAMPSHIRE, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 21, 2006.

Attorney(s) appearing for the Case

Timothy S. Hollister with whom Patrick M. Fahey, Shipman & Goodwin, LLP, Sumner F. Kalman, Thea S. Valvanis, and Duane J. Desiderio were on brief, for appellants.

John J. Ryan with whom Casassa and Ryan, Eric Kane and Devine, Millimet & Branch, PA were on brief, for appellee.

Before SELYA, LIPEZ, and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

This appeal arises from a dispute between Plaintiffs Henry Torromeo and MDR Corporation and Defendant Town of Fremont, New Hampshire over the Town's delay in issuing certain building permits for property owned by Plaintiffs. Plaintiffs sued in federal court under 42 U.S.C. § 1983, claiming that the Town's delay constituted both a violation of the Takings Clause of the Fifth Amendment and a breach of the due process and equal protection...

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