MINTZ v. ROMAN CATHOLIC BISHOP OF SPRINGFIELD

No. CIV.A.04-10809-KPN.

424 F.Supp.2d 309 (2006)

Daniel MINTZ; Andrea Winter; James and Sandra Biancolo; Ann Phillips; Steven Baum; Carol Winston; Vernon and Donna Kohlenberger; Lawrence and Pamela Wolfe; Craig and Melissa Pehlert; and Robert and Jane Hackmann, Plaintiffs, v. ROMAN CATHOLIC BISHOP OF SPRINGFIELD, Thomas L. Dupre, Bishop; Arlene D. Schiff, Clifford Snyder, Harold Brown, Jeff Hall and Ned Douglas; and Edwin May, Defendants.

United States District Court, D. Massachusetts.

March 30, 2006.


Attorney(s) appearing for the Case

Daniel H. Mintz, Lenox, John R. Gobel, Gobel & Hollister, Pittsfield, for Daniel Mintz, Andrea Winter, James Biancolo, Sandra Biancolo, Vernon Kohlenberger, Donna Kohlenberger, Lawrence Wolfe, Pamela Wolfe, Craig Pehlert, Melissa Pehlert, Robert Hackmann, Jane Hackmann, Plaintiffs.

Maurice M. Cahillane, Jr., Egan, Flanagan & Cohen, PC, Springfield, Peter F. Heller, Heller & Associates, Lenox, Hugh C. Cowhig, Hannon, Lerner, Cowhig, Scully & Bell, Jerome J. Scully, Hannon, Lerner, Cowhig, Scully & Bell, Lee, for The Roman Catholic Bishop of Springfield, Bishop Thomas L. Dupre, Arlene D. Schiff, Clifford Snyder, Harold Brown, Jeff Hall, Ned Douglas, Edwin May, Defendants.


MEMORANDUM AND ORDER WITH REGARD TO CROSS MOTIONS FOR SUMMARY JUDGMENT (Document Nos. 23 and 26)

NEIMAN, United States Magistrate Judge.

This is an appeal by a number of home owners ("Plaintiffs") in Lenox, Massachusetts, of a March 5, 2004 decision by the Lenox Zoning Board of Appeals pertaining to property owned by the Roman Catholic Bishop of Springfield ("the diocese"). Plaintiffs, who are abutters to the property, have sued the diocese, members...

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