United States First Circuit

Dismissal of a suit brought under 42 U.S.C. section 1983 claiming that defendant-town's delay in issuing certain building permits for plaintiffs' property violated the Fifth Amendment Takings Clause, equal protection, and due process is affirmed where plaintiffs' Fifth Amendment claim was barred by res judicata, and the other claims failed as a matter of law.

Appellate Information

• Decided 02/21/2006
• Published 02/21/2006

Judges

• HOWARD, Circuit Judge., Before SELYA, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Timothy S. Hollister with whom Patrick M. Fahey, Shipman & Goodwin, LLP, Sumner F. Kalman, Thea S. Valvanis, and Duane J. Desiderio were on brief, for appellants.


• For Appellees:
  
• John J. Ryan with whom Casassa and Ryan, Eric Kane and Devine, Millimet & Branch, PA were on brief, for appellee.