The United States District Court for the District of Massachusetts has dismissed a Fourteenth Amendment equal protection claim brought by a business owner who alleged that he had been subjected to selective enforcement of the Town’s zoning by-law and the Massachusetts building code. Robinson Donovan’s attorneys argued and the district court held that plaintiff’s complaint did not support an inference that plaintiff was treated differently than similarly situated individuals. The court also dismissed the plaintiff’s Fifth Amendment takings claim and state law claims while allowing the plaintiff to re-file them in state court.
For further information on Touponce v. Lee, et al., please contact Nancy Frankel Pelletier or David S. Lawless.