Torromeo v. Town of Fremont

HOWARD, Circuit Judge.

This appeal arises from a dispute between Plaintiffs Henry Torromeo and MDR Corporation and Defendant Town of Fremont, New Hampshire over the Town’s delay in issuing certain building permits for property owned by Plaintiffs. Plaintiffs sued in federal court under 42 U.S.C. § 1983, claiming that the Town’s delay constituted both a violation of the Takings Clause of the Fifth Amendment and a breach of the due process and equal protection guarantees of the Fourteenth Amendment. 1 The district court granted the Town’s motion to dismiss under Fed. R.Civ.P. 12(b)(6) because…