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GALLANT v. CITY OF FITCHBURG

Civil Action No. 09-40142-FDS.

739 F.Supp.2d 39 (2010)

Gerald GALLANT, Plaintiff, v. CITY OF FITCHBURG; Michael Gallant, individually and in his capacity as Building Commissioner of the City of Fitchburg; Lisa A. Wong, in her capacity as Mayor of the City of Fitchburg; Joanne Soczek, in her capacity as Chairperson of the Board of Health of the City of Fitchburg; and Jay Mor Enterprises, Inc., Defendants.

United States District Court, D. Massachusetts.

August 13, 2010.

Attorney(s) appearing for the Case

Erin O. Bradbury, Phillips, Silver, Talman, Aframe & Sinrich, P.C., Worcester, MA, for Plaintiff.

John J. Davis, Pierce, Davis & Perritano, LLP, Adam Simms, Paul Saltzman, Tucker, Heifetz & Saltzman, LLP, Boston, MA, for Defendants.

MEMORANDUM AND ORDER ON MOTION TO DISMISS

SAYLOR, District Judge.

This is a civil rights action arising out of the demolition of a building located in Fitchburg, Massachusetts. Plaintiff Gerald Gallant owned a piece of commercial and residential property that was demolished upon an order of Fitchburg city officials. Gallant contends, in substance, that the demolition was improper and that he did not receive due process of law.

The complaint...

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