MAREK v. RHODE ISLAND

No. 12-1460.

702 F.3d 650 (2012)

Peter MAREK, Plaintiff, Appellant, v. State of RHODE ISLAND et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

December 27, 2012.


Attorney(s) appearing for the Case

Gary E. Blais on brief for appellant.

Peter F. Kilmartin , Attorney General, and Gregory S. Schultz , Special Assistant Attorney General, on brief for appellees State of Rhode Island and related parties.

Michael A. DeSisto and DeSisto Law on brief for appellees Town of Hopkinton and related parties.

Mark P. Dolan and Rice Dolan & Kershaw on brief for appellee Commonwealth Engineers and Consultants, Inc.

Melody A. Alger and Alger Parker LLP on brief for appellees Hopkinton Associates, LLC and related parties.

Before LYNCH, Chief Judge, SELYA and HOWARD, Circuit Judges.


SELYA, Circuit Judge.

Although a residential subdivision proposed for construction in a bucolic Rhode Island town never saw the light of day, its ghost continues to haunt the parties. But apparitions rarely have substance, and this one is no exception. After careful consideration of the plaintiff's complaint and the district court's order of dismissal, we lay the ghost to rest.

"Because this case was decided below on a motion to dismiss, we rehearse the facts...

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