United States First Circuit

Summary judgment to defendant dismissing plaintiff's constitutional and statutory claims against enforcement of a city ordinance that created a single-parcel historic district encompassing a church owned by plaintiff, which prevented plaintiff from making any changes that affect the exterior of the church, without the permission of the Springfield Historical Commission (SHC), is affirmed in part and vacated in part, where: 1) plaintiff's claims which depend on the potential consequences of compliance with the ordinance are not ripe for adjudication because plaintiff has not yet devised its plans for the church nor submitted any application to the SHC; and 2) plaintiff’s claim based on the mere enactment of the ordinance is ripe but is rejected on the merits.

Appellate Information

• Decided 07/22/2013
• Published 07/22/2013

Judges

• LYNCH

Court

• United States First Circuit

Counsel