United States First Circuit

In a suit alleging that a denial of building permits violated plaintiff's substantive due process rights, grant of judgment for defendant-official is affirmed where a plaintiff in a land-use dispute may prevail on a substantive due process claim only if the defendant has engaged in behavior that "shocks the conscience," and plaintiff failed to allege that defendant engaged in such behavior.

Appellate Information

• Decided 06/22/2007
• Published 06/22/2007

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA and LIPEZ, Circuit Judges, and STAFFORD, JR., Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• J. David Breemer, with whom Pacific Legal Foundation, Catherine J. Savoie, Of Counsel, and Posternak, Blankenstein & Lund, LLP were on brief, for appellant.


• For Appellees:
  
• Judy A. Levenson, with whom Leonard H. Kesten, Deidre Brennan Regan, and Brody, Hardoon, Perkins & Kesten, LLP were on brief, for appellees.