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PARK VIEW SAND & GRAVEL, INC. v. TOWN BOARD OF ROCHESTER

Civ. A. No. 85-C-1153.

625 F.Supp. 456 (1985)

PARK VIEW SAND & GRAVEL, INC., Plaintiff, v. TOWN BOARD OF ROCHESTER, Gary Beck, Bob Willard, Racine County, Racine County Board of Supervisors, Racine County Land Use, Agricultural, Environmental and Extension Education Committee, Raymond Moyer, Ross Hermes, David Yanny, Norman Bauernfeind, Jean Jacobson, Robert Johnson, Cletus Roanhouse, and Lucille Sheahan, Defendants.

United States District Court, E.D. Wisconsin.

December 13, 1985.

Attorney(s) appearing for the Case

Kasdorf, Lewis & Swietlik, S.C. by Michael J. Cieslewicz, Milwaukee, Wis., for defendants Town of Rochester, Gary Beck and Bob Willard.

Scott W. Hansen and Richard P. Carr, Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C., Milwaukee, Wis., for plaintiff.

Mark Janiuk, Deputy Corp. Counsel for Racine, Racine, Wis., for defendants Racine County, Racine County Land Use, Agr., Environmental and Extension Educ. Committee, Raymond Moyer, Rooss Hermes, David Yanny, Norman Bauernfiend, Jean Jacobson, Robert Johnson, Cletus Roanhouse and Lucille Sheahan.

DECISION AND ORDER

REYNOLDS, Chief Judge.

Park View Sand & Gravel, Inc. ("Park View") seeks damages it claims to have suffered as a result of defendants' allegedly unconstitutional failure to allow plaintiff to operate a gravel pit on its land, in violation of state court orders.

Park View brings this action under 42 U.S.C. § 1983, alleging that the defendants denied plaintiff its rights to equal protection of the law and substantive due...

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