Lopes v. City of Peabody

This is an appeal from a Land Court judge’s denial of the plaintiff’s post-judgment motion for the assessment of costs — $21,485.08 expended by the plaintiff in prosecuting against the defendant, the city of Peabody, a regulatory takings claim under the Fifth Amendment to the United States Constitution and art. 10 of the Massachusetts Declaration of Rights. We granted the plaintiff’s application for direct appellate review. The Land Court’s judgment in this case was entered on March 31, 1995, after our order of remand in Lopes v. Peabody, 417 Mass. 299 (1994).2 On April 7, 1995, approximately…