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CENTER FOR BEHAV. HEALTH v. WESTERLY ZONING BD.

No. 01-179-L.

394 F.Supp.2d 493 (2005)

The CENTER FOR BEHAVIORAL HEALTH — Rhode Island, Inc. Plaintiff v. The WESTERLY ZONING BOARD OF REVIEW by and through its Members, Jane Hence, Harrison Day, Albert B. Ouimet, Giorgio S. Gencarelli, John Gentile, Jr., David Gingerella, Frank T. Verzillo and Robert M. Driscoll; Anthony R. Giordano, in his capacity as Westerly Zoning Official; and Geri Ann Petrangelo, the Finance Director of the Town of Westerly Defendants

United States District Court, D. Rhode Island.

July 13, 2005.

Attorney(s) appearing for the Case

Patricia K. Rocha, Adler Pollock & Sheehan, Providence, RI, for Plaintiff.

Stephen P. Harten, Esq., Ratcliffe Burke Harten & Elias LLP, Providence, RI, for Defendants.

DECISION AND ORDER

LAGUEUX, Senior District Judge.

This case is before the Court on cross motions for summary judgment. The dispute arises from an alleged violation of Title II of the Americans with Disabilities Act (hereinafter "ADA"). Plaintiff is The Center for Behavioral Health — Rhode Island, Inc. (hereinafter "CBH"), a methadone clinic in the Town of Westerly, Rhode Island. CBH claims that it was subjected to discrimination, because of...

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