Legal Opinion
Miller v. Town of Wenham
Court of Appeals for the First Circuit
Decided August 10, 2016No. 15-2337PPublishedCited by 46 opinions
1Opinion of the Court
KAYATTA, Circuit Judge.
Plaintiff Lawrence Miller challenges under both state and federal law the manner in which the Town of Wenham, Massachusetts (the “Town”) has chosen not to prohibit a company named 110, Inc. from operating a substance abuse treatment facility on land that abuts Miller’s residence. After Miller filed this lawsuit in Massachusetts Superior Court, the defendants removed it to federal court, and then moved to dismiss Miller’s complaint under Federal Rule of Civil Procedure 12(b)(6). The district court determined that the complaint failed to state a claim under 42 U.S.C. §…
2Cases cited18 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Hudson v. PalmerSupreme Court of the United States · 1984
- Parratt v. TaylorSupreme Court of the United States · 1981
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3Cited by46 opinions
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- Kayla Doherty v. Merck & Co., Inc.Supreme Judicial Court of Maine · 2017
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