United States First Circuit
College Hill Properties, LLC v. City of Worcester, 15-2306
In a suit brought by property owners who privately lease units to college students alleging that city-defendant, through its zoning and code enforcement officials and entities, engaged in a nefarious scheme to selectively enforce the Worcester Zoning Ordinance and the state Lodging House Act, Mass. Gen. Laws ch. 140, sections 22–32, the district court's grant of defendants' motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) is affirmed: 1) as to the regulatory taking claim, where plaintiff failed to fulfill the ripeness requirement; and 2) as to the 42 U.S.C. section 1983 claims for the reasons provided in the District Court.
Appellate Information
- Published 2016/05/11
Judges
- LYNCH
Court
- United States First Circuit