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SBT HOLDINGS, LLC v. TOWN OF WESTMINSTER

No. 08-1512.

547 F.3d 28 (2008)

SBT HOLDINGS, LLC; Brian T. Foley; Thomas E. Foley; and Susan B. Foley, Plaintiffs, Appellants, v. TOWN OF WESTMINSTER; Town of Westminster Conservation Commission; Lois Luniewicz; Matthew Marro; Karen Murphy; and Seewald, Jankowski & Spencer, P.C., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 6, 2008.

Attorney(s) appearing for the Case

David N. Dunn with whom Potter Stewart Jr., Law Offices, P.C., was on brief, for appellants.

Nancy Frankel Pelletier with whom David S. Lawless and Robinson Donovan, P.C., were on brief, for appellees.

Before LYNCH, Chief Judge, TORRUELLA and STAHL, Circuit Judges.

LYNCH, Chief Judge.

Plaintiffs SBT Holdings, LLC, and its owners, Brian, Thomas, and Susan Foley, undertook a condominium real estate development project in the Town of Westminster, Massachusetts. After delays caused by environmental regulation demands by the Town, plaintiffs sued the Town, the Town of Westminster Conservation Commission, and various individuals. Suit was brought under 42 U.S.C. § 1983 alleging that the defendants, in violation of plaintiffs...

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