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CASA MARIE, INC. v. SUPERIOR COURT OF PUERTO RICO

Civ. No. 90-2435 (JAF).

752 F.Supp. 1152 (1990)

CASA MARIE, INC., et al., Plaintiffs, v. SUPERIOR COURT OF PUERTO RICO FOR the DISTRICT OF ARECIBO, the Honorable Judge Angel Almodovar in His Official Capacity, Maria Ramos, Raymond Roldan, Carmen Roldan, Myrna Agosto, Juan Valenzuela, Demetrio Rubio, Esther Rivera Santos, Adelaida Alcantara, Orlando Gutierrez, Nilsa E. Rios, Angel Morales, Wadi Blanco, Angeles-Almenas, Héctor Rodriguez, Aixa Ortiz, Modesto Rivera, Carmen Montalvo, Candida Lopez, Each in Their Individual Capacity and as Representatives of the Conjugal Partnerships They Have Constituted With Their Respective Spouses, Defendants, Puerto Rico Legal Services, Intervening Plaintiff.

United States District Court, D. Puerto Rico.

November 15, 1990.

Attorney(s) appearing for the Case

Nora Vargas-Acosta, Vargas & Ramirez, San Juan, P.R., for plaintiffs.

Juan F. Correa-Luna, San Juan, P.R., Carlos Vega-Pérez, Arecibo, P.R., for intervening plaintiff.

Angel M. Bonnet-Rosario, Arecibo, P.R., Ramón L. Walker-Merino, San Juan, P.R., for defendants.

Antonio Fiol-Matta, San Juan, P.R., Carlos E. Rodriguez-Quesada, Director, Federal Litigation Div., Dept. of Justice, Comm. of Puerto Rico, Héctor Rivera-Cruz, Secretary of Justice, for codefendant Superior Court of Arecibo.

OPINION AND ORDER

FUSTE, District Judge.

Casa Marie, Hogar Geriátrico, Inc. ("Casa Marie") is a live-in elder-care facility currently home to approximately thirty-five elderly, mostly handicapped persons. Some neighbors in the residential area in which it is located want it to cease functioning. The neighbors sought and obtained a state court judgment ordering the owners to close the home, ostensibly on grounds that operation of the home violated a...

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