Legal Opinion
Gilbert v. City of Cambridge
District Court, D. Massachusetts
Decided August 9, 1990No. Civ. A. 88-1255-WDPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WOODLOCK, District Judge.
Certain Cambridge property owners perceive themselves burdened by the City’s decade old restrictions on the removal of rental units from the rental market. In this declaratory judgment action they principally seek a federal court determination that the restriction scheme constitutes a “taking” of their property within the meaning of the United States Constitution. They do not seek damages — at least at this time in this court.
I find the plaintiff property owners stumble at the threshold of their action. Treated as a facial challenge to the…
2Cases cited52 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Wilson v. GarciaSupreme Court of the United States · 1985
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
47 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Howard H. Gilbert, Jr. v. City of CambridgeCourt of Appeals for the First Circuit · 1991
- Algrant v. Evergreen Valley Nurseries Ltd. PartnershipDistrict Court, E.D. Pennsylvania · 1996
- Levine v. McCabeDistrict Court, E.D. New York · 2005
- Hudson County News Co. v. Metro Associates, Inc.District Court, D. Massachusetts · 1992
- Napa Valley Publishing Co. v. City of CalistogaDistrict Court, N.D. California · 2002