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ARRIGONI ENTERPRISES, LLC v. TOWN OF DURHAM

No. 3:08CV520.

18 F.Supp.3d 188 (2014)

ARRIGONI ENTERPRISES, LLC, Plaintiff v. TOWN OF DURHAM, et al., Defendants.

United States District Court, D. Connecticut.

Signed May 8, 2014.

Attorney(s) appearing for the Case

Benjamin J. Berger, Updike, Kelly & Spellacy, PC, Hartford, CT, Richard D. Carella, Updike, Kelly & Spellacy, P.C., Middletown, CT, for Plaintiff.

Emily E. Cosentino, Katherine E. Rule, Thomas R. Gerarde, Howd & Ludorf, Kenneth R. Slater, Jr., Halloran & Sage, Hartford, CT, Kevin W. Hadfield, Manion Gaynor & Manning, LLP, Boston, MA, for Defendants.

ORDER

JAMES G. CARR, Senior District Judge.

This is an action by plaintiff Arrigoni Enterprises, LLC (Arrigoni) which sought a variance from defendants the Town of Durham, Connecticut, the Durham Planing & Zoning Commission, and the Durham Zoning Board of Appeals (collectively, the defendants or Town) to excavate, crush, and remove rock for the development of three commercial buildings. The Town denied its application on the basis of a local zoning regulation...

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