United States First Circuit

In a suit challenging the manner in which the Town of Wenham, Massachusetts has chosen not to prohibit a company from operating a substance abuse treatment facility on land that abuts plaintiff's residence, the District Court's judgement is: 1) affirmed as to dismissal of the federal claim, where the complaint failed to state a claim under 42 U.S.C. section 1983 for the deprivation of property without due process; 2) vacated as to the determination that one state law claim is moot; and 3) affirmed as to remand of the remaining state law claim to state court.

Appellate Information

• Published 2016/08/10

Judges

• KAYATTA

Court

• United States First Circuit

Counsel