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ARRIGONI ENTERPRISES, LLC v. TOWN OF DURHAM

Civil No. 3:08CV00520 (AWT).

606 F.Supp.2d 295 (2009)

ARRIGONI ENTERPRISES, LLC, Plaintiff, v. TOWN OF DURHAM, Durham Planning and Zoning Commission, and Durham Zoning Board of Appeals, Defendants.

United States District Court, D. Connecticut.

March 27, 2009.

Attorney(s) appearing for the Case

Richard D. Carella, Law Offices of Richard D. Carella, Middletown, CT, for Plaintiff.

Kevin Michael Tighe, Thomas R. Gerarde, Howd & Ludorf, Hartford, CT, for Defendants.

RULING ON MOTION TO DISMISS

ALVIN W. THOMPSON, District Judge.

Pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, the defendants move to dismiss Count Three of the Complaint, which sets forth a claim of inverse condemnation and regulatory taking, as not ripe for adjudication. For the reasons set forth below, the motion to dismiss is being granted.

I. FACTUAL BACKGROUND

There are three industrial...

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