Baker v. Coxe

MEMORANDUM AND ORDER

SARIS, District Judge.

INTRODUCTION

This case concerns a proposed pier construction project on the northern end of Clark’s Island, in Plymouth Harbor Massachusetts, and the pier’s neighboring heronry. Plaintiffs John and Susan Baker privately own land on Clark’s Island and, in May 1991, applied for a permit to build a pier on their land. In a suit under 42 U.S.C. § 1983 for violation of the First Amendment, they allege that eight defendants, current and former employees of the Massachusetts Executive Office of Environmental Affairs (“EOEA”), 1 delayed the approval of their…