Trager v. Peabody Redevelopment Authority

OPINION

CAFFREY, Chief District Judge.

This is a civil action in which plaintiffs seek to enjoin defendant from taking a parcel of real property, owned in common by plaintiffs, for urban renewal until plaintiffs are provided with notice of and an opportunity to be heard in a proceeding to determine if the area which includes plaintiffs’ property is blighted. Plaintiffs contend that a prior determination of blight by the Peabody City Council pursuant to M.G. L. ch. 121 § 26ZZ was in violation of the Fifth and Fourteenth Amendments to the Constitution because it was a deprivation of property…