United States First Circuit

In a claim by plaintiff-developers alleging defendant-town violated plaintiffs' equal protection rights by intentionally obstructing a condominium real estate development, judgment of dismissal is reversed where: 1) the district court erred in dismissing the plaintiffs' complaint for failure to state a claim; 2) defendants failed to establish that plaintiffs' federal complaint contained allegations that were "virtually identical" to the allegations made in the suit plaintiff filed nor even that the federal claims could have been brought at the time; 3) evidence did not establish there had been a final adjudication on the merits in plaintiff's suit; 4) the individual plaintiffs had standing on the claims alleged; and 5) state courts have recognized that conservation commissions are amenable to suit.

Appellate Information

• Decided 11/06/2008
• Published 11/06/2008

Judges

Court

• United States First Circuit

Counsel