Lopes v. City of Peabody

We consider this case on remand from the Supreme Court of the United States in light of that Court’s opinion in Lucas v. South Carolina Coastal Council, 112 S. Ct. 2886 (1992). 2 In its Lucas opinion, the Supreme Court held that a landowner was entitled to compensation for a taking when a zoning regulation effectively prohibited all economically beneficial use of the land, unless the prohibition could be independently justified under principles of South Carolina nuisance or property law. Id. at 2900.

The plaintiff Lopes commenced this action in the Land Court in December, 1989, pursuant to G.…