Legal Opinion
Oprzedek v. City of Beverly
Massachusetts Appeals Court
Decided March 12, 2018No. 17–P–575Published
1Opinion of the Court
At issue before us is whether the denial of the plaintiff trustee's application for a lodging license amounts to an unconstitutional regulatory taking in violation of the Fifth and Fourteenth Amendments to the United States Constitution and art. 10 of the Massachusetts Declaration of Rights. We conclude that it does not.
Background. We draw the facts from the summary judgment record and note where they are disputed. When Wesley Oprzedek, as trustee of the Oprzedek Realty Trust, purchased 68 Dane Street in the city of Beverly (city) in 2009 for $875,000, the property had been operated as a…
2Cases cited17 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- Armstrong v. United StatesSupreme Court of the United States · 1960
- Dolan v. City of TigardSupreme Court of the United States · 1994
- Lovequist v. Conservation Commission of DennisMassachusetts Supreme Judicial Court · 1979
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