CLARK v. BOSCHER

No. 06-2473.

514 F.3d 107 (2008)

Arthur L. CLARK, individually; Rita M. Clark, individually; Raymond A. Clark, Trustee of the E. Mt. Rd. Nominee Trust, and as Trustee of the Arthur L. Clark Family Trust and as Trustee of the Clark Sons Realty Trust; Richard J. Clark, Trustee of the E. Mt. Rd. Nominee Trust, and as Trustee of the Arthur L. Clark Family Trust and as Trustee of the Clark Sons Realty Trust; James F. Clark, Trustee of the E. Mt. Rd. Nominee Trust, and as Trustee of the Arthur L. Clark Family Trust and as Trustee of the Clark Sons Realty Trust; Arthur J. Clark, Trustee of the. E. Mt. Rd. Nominee Trust, and as Trustee of the Arthur L. Clark Family Trust and as Trustee of the Clark Sons Realty Trust; Theodore Perez, individually; Golden Acres Development Corp., Plaintiffs, Appellants, v. Lynne BOSCHER, Philip McEwan, Kevin Bowler, Anthony Petrucelli, Randall Racine, John Wysocki, William Onyski and Andrew Denardo, individually and as Members of the Westfield Planning Board During 2003; John Sullivan, Ronald Cole and Thomas Flaherty, individually and as Westfield Sewer Commissioners During 2002; Jana Cantuccio, Joseph Spagnoli and Lee Perez, individually and as Westfield Water Commissioners During 2002; Richard K. Sullivan, individually and as Mayor of the City of Westfield; and Charles Medeiros, Barbara Swords, Adam Liptak, Jr., David Bannish, Brent Bean, Brian Sullivan, Christopher Crean, James Casey, Martin Canty, Daniel Knapik, and Christopher Keefe, individually and as Members of the Westfield City Council During 2003, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 31, 2008.


Attorney(s) appearing for the Case

William J. Pudlo, for appellants.

Kenneth C. Pickering, with whom Jessica H. Munyon and Mirick, O'Connell, DeMallie & Lougee, LLP, were on brief, for appellees.

Before BOUDIN, Chief Judge, TORRUELLA and DYK, Circuit Judges.


TORRUELLA, Circuit Judge.

Appellants Arthur L. and Rita M. Clark, the trustees of the several Clark family trusts, Theodore Peérez, and Golden Acres Development Corporation (collectively, "Appellants") brought suit against the former mayor of the City of Westfield and various former city council members and commissioners (collectively, "Westfield") for obstructing the development of a residential subdivision on their...

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