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SMITHFIELD CONCERNED CITIZENS v. TOWN OF SMITHFIELD

Civ. A. No. 87-0246-T.

719 F.Supp. 75 (1989)

SMITHFIELD CONCERNED CITIZENS FOR FAIR ZONING; Jackson Despres, Alfred Constantino, individually and as principals of Smithfield Concerned Citizens for Fair Zoning; Joan Johnson; Johnson Insulation Co., Inc.; Rollingwood Acres, Inc.; Nicholas Cambio d/b/a Universal Properties Group; Durastone, Inc.; Angelo Calcagni; Calcagni Construction Corp.; Larry Colaluca; Chester's Service Station, Inc.; Frank Sleboda; Colony Ice Cream Co.; Michael and Ralph DiDomenico; William Steere; William Steere, Jr.; Steere's Inc.; Thomas Farrell; Scott Wilcox; Cavanagh Company; R.S.R. II; Colonial Land Development; 844 Group; R & S Realty; John Does, Nos. 1 through ____ as property owners located in the Town of Smithfield; John Does, Nos. 1 through ____ as all those who have been injured as a result of the Acts complained of herein, Plaintiffs, v. The TOWN OF SMITHFIELD, by and through its Treasurer Lillian RAINVILLE; the Town Council of the Town of Smithfield; John F. Emin, Jr., Gloria Nerney, F. Monroe Allen, individually and as Members of the Town Council of the Town of Smithfield, Defendants.

United States District Court, D. Rhode Island.

July 21, 1989.

Attorney(s) appearing for the Case

Michael A. Kelly, Providence, R.I., for plaintiffs.

C. Russell Bengston, Harry Asquith, Edward Moses, Edmund Alves, Providence, R.I., for defendants.

MEMORANDUM AND ORDER

TORRES, District Judge.

This matter is before the Court on the plaintiffs' objection to that portion of a Magistrate's Report and Recommendation recommending dismissal of the complaint pursuant to Fed.R.Civ.P. 12(b)(6).

BACKGROUND

On April 14, 1987, the Town Council of the Town of Smithfield (the "Council") adopted a new zoning ordinance (the "Ordinance"). Among other things, the Ordinance provides for a wide variety...

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