COLLEGE HILL PROPS. v. CITY OF WORCESTER

No. 15-2306.

821 F.3d 193 (2016)

COLLEGE HILL PROPERTIES, LLC; Caro Street Properties, LLC; Clay Street Properties, LLC; Paul F. Giorgio; Diana H. Giorgio, Plaintiffs, Appellants, v. CITY OF WORCESTER; Department of Building and Zoning; Department of Health and Housing Inspections; Department of Inspectional Services; Board of Public Health; Worcester Police Department; Michael V. O'Brien, City Manager, in his official and individual capacities; Barbara Haller, City Councilor, in her official and individual capacities; John R. Kelly, Commissioner of Building and Zoning, in his official and individual capacities; Amanda M. Wilson, Director of Housing and Health Inspections, in her official and individual capacities; John Nordberg, Code Enforcement Officer and Housing and Health Inspector, in his official and individual capacities; John Carlson, Code Enforcement Officer and Housing and Health Inspector, in his official and individual capacities; Gary J. Gemme, Police Chief, in his official and individual capacities; James Shugrue, Police Lieutenant, in his official and individual capacities, Defendants, Appellees.

United States Court of Appeals, First Circuit.

May 11, 2016.


Attorney(s) appearing for the Case

Eric N. Stafford , with whom Jeffrey A. Denner and Jeffrey Denner Associates, PC were on brief, for appellants.

Kevin M. Gould , Assistant City Solicitor, with whom Wendy L. Quinn , Assistant City Solicitor, and David M. Moore , City Solicitor, were on brief, for appellees.

Before LYNCH, KAYATTA, and BARRON, Circuit Judges.


Plaintiff-appellants College Hill Properties, LLC; Caro Street Properties, LLC; Clay Street Properties, LLC; Paul F. Giorgio; and Diana H. Giorgio (collectively "College Hill") appeal the district court's grant of the defendants' motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). We affirm the district court...

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