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REAL ESTATE DEVELOPMENT COMPANY v. CITY OF FLORENCE

No. 1573.

327 F.Supp. 513 (1971)

REAL ESTATE DEVELOPMENT COMPANY, a General Partnership, et al., Plaintiffs, v. CITY OF FLORENCE et al., Defendants.

United States District Court, E. D. Kentucky, Covington Division.

June 7, 1971.

Attorney(s) appearing for the Case

Bamberger & Feibleman, Indianapolis, Ind., O'Hara, Ruberg & Cetrulo, Covington, Ky., for plaintiffs.

Raymond R. Vincent, Florence, Ky., for City of Florence and Richard L. Carr.

Duane L. Vincent, Florence, Ky., for Boone County Planning Commission.

William P. McEvoy, Burlington, Ky., for Boone County Fiscal Court, Bruce, Ferguson and Members Boone County Fiscal Court.

MEMORANDUM

SWINFORD, District Judge.

Plaintiffs, Real Estate Development Company, et al, are attempting to enjoin the enforcement of a moratorium resolution adopted by the City of Florence which suspends the construction of high density apartment dwellings within the City until the City can determine, pursuant to a detailed independent analysis, the effect such buildings would or might have on its sanitary sewage facilities. At this time no zoning ordinance...

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