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SOUTH COMMONS v. CHARLIE ARMENT TRUCKING

Nos. 13-2244, 13-2248.

775 F.3d 82 (2014)

SOUTH COMMONS CONDOMINIUM ASSOCIATION; Donald E. Houghton; Judith A. Houghton; Peter A. Zorzi; South Main Realty, LLC; SH Realty, LLC; Joseph M. Lavinski; Judith D. Lavinski; Dale Elliot Bass; Lucy M. Peterson; Michelle J. Kaczenski; Studio One, Inc.; Balboni Associates, Inc.; MBL Housing and Development, Inc.; Gregory P. Zorzi; Edward A. Pessolano; Javier Mulero, d/b/a Divalicious Salon; Thomas M. Bovenzi, Trustee of Main-Hubbard Realty; Madeline R. Zorzi, Plaintiffs, Appellants/Cross-Appellees, v. CHARLIE ARMENT TRUCKING, INC., Defendant, Appellee/Cross-Appellant, City of Springfield, MA; Domenic J. Sarno, Jr., Mayor of Springfield; Steven Desilets, Springfield Building Commissioner; David Cotter, Deputy Director of Code Enforcement, Springfield Housing Division, Defendants, Appellees.

United States Court of Appeals, First Circuit.

December 23, 2014.

Attorney(s) appearing for the Case

John J. McCarthy , with whom Jesse W. Belcher-Timme and Doherty, Wallace, Pillsbury and Murphy P.C. were on brief, for appellants/cross-appellees.

Kara Thorvaldsen , with whom George C. Rockas and Wilson, Elser, Moskowitz, Edelman and Dicker LLP were on brief, for appellee/cross-appellant.

Edward Pikula , with whom Lisa DeSousa, Anthony Wilson , and the City of Springfield Law Department were on brief, for appellees.

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

On June 1, 2011, a devastating tornado struck the City of Springfield, Massachusetts. The twister ripped through the downtown area and caused a great deal of damage. Among the buildings affected were the South Commons Condominiums. This appeal concerns the lawsuit the owners of those buildings brought against the City, its...

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