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HOLCIM - NER, INC. v. TOWN OF SWAMPSCOTT

Civil Action No. 21-11861-NMG.

671 F.Supp.3d 84 (2023)

HOLCIM — NER, INC., f/k/a Aggregate Industries — Northeast Region, Inc., Plaintiff, v. TOWN OF SWAMPSCOTT and Town of Swampscott Select Board, Defendants.

United States District Court, D. Massachusetts.

Signed May 3, 2023.

Attorney(s) appearing for the Case

Aaron D. Rosenberg, Sheehan Phinney Bass & Green, PA, Boston, MA, Jonathan R. Voegele, Sheehan Phinney Bass & Green PA, Manchester, NH, for Plaintiff Aggregate Industries — Northeast Region, Inc.

Aaron D. Rosenberg, Sheehan Phinney Bass & Green, PA, Boston, MA, for Plaintiff Holcim — NER, Inc.

Adam Simms, Matthew Joseph Hamel, Pierce Davis & Perritano LLP, Boston, MA, for Defendants.

MEMORANDUM & ORDER

This case arises out of an alleged unconstitutional taking by the Town of Swampscott ("the Town") and the Town of Swampscott Select Board ("the Board") (collectively, "the defendants") in connection with certain permit restrictions applicable to a quarry owned by Holcim —...

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