ELENA v. MUNICIPALITY OF SAN JUAN

No. 10-1849.

677 F.3d 1 (2012)

Luis Costas ELENA; Hazel Russell-McMillan; and their Conjugal Partnership, Plaintiffs, Appellants, v. MUNICIPALITY OF SAN JUAN; Andrés Rivera; Fernando Cordero, Defendants, Appellees, Henry Paredes; Carmen Despradel; and their Conjugal Partnership, Defendants/Third-Party Plaintiffs, Appellees, Puerto Rico Electric Power Authority, Third-Party Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 16, 2012.


Attorney(s) appearing for the Case

David W. Román , José E. Alfaro-Delgado , and Brown & Ubarri on brief for appellants.

Jorge R. Quintana-Lajara on brief for appellees Municipality of San Juan and Andrés Rivera.

Michael C. McCall on brief for appellee Fernando Cordero.

Ernesto R. Irizarry on brief for appellees Henry Paredes, Carmen Despradel, and their conjugal partnership.

Edwin J. Rivera Maldonado and Carlos M. Aquino Ramos on brief for appellee Puerto Rico Electric Power Authority.

Before TORRUELLA, STAHL, and THOMPSON, Circuit Judges.


THOMPSON, Circuit Judge.

Plaintiffs Luis Costas Elena and Hazel Russell McMillan appeal the district court's dismissal of their complaint alleging a host of constitutional violations instigated by neighboring landowners Henry Paredes and Carmen Despradel and carried out by the Municipality of San Juan, Puerto Rico.1 Specifically, the plaintiffs say, Paredes and Despradel lured the city into killing a botanical menagerie, including lush...

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