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6.01.2012

Howd & Ludorf, LLC Wins Summary Judgment in Federal Suit Over Sign

Howd & Ludorf, LLC associate Emily E. Cosentino won summary judgment for the City of Torrington and former Zoning Enforcement Officer Michael O’Neil in an equal protection case filed in United States District Court in Monahan v. City of Torrington, et al.  This case involved the installation of a sign on a commercial property located in downtown Torrington.  After the plaintiff was told to remove the sign or apply for a variance, he sued the City and the zoning enforcement officer, claiming a violation of his right to equal protection under the 14th Amendment.
   The plaintiff argued that he was treated differently than a similarly situated sign painted on the side of a brick building in downtown Torrington.  The District Court, Hon. Stefan R. Underhill, rejected the plaintiff’s premise and found that, as a matter of law, no reasonable jury could find that the plaintiff’s property was similarly situated to the comparator, and, as a result, granted summary judgment in favor of the City and its Zoning Enforcement Officer.

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