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MILLER v. TOWN OF WENHAM MASSACHUSETTS

No. 15-2337.

833 F.3d 46 (2016)

Lawrence MILLER, Plaintiff, Appellant, v. TOWN OF WENHAM, Commonwealth of MASSACHUSETTS; Jeremy Coffey, Member of the Zoning Board of Appeals — Town of Wenham; Anthony M. Feeherry, Member of the Zoning Board of Appeals — Town of Wenham; Shaun Hutchinson, Member of the Zoning Board of Appeals — Town of Wenham; 110, INC., Defendants, Appellees.

United States Court of Appeals, First Circuit.

August 10, 2016.

Attorney(s) appearing for the Case

Benjamin B. Tymann , with whom Tymann LLC — Law & Compliance was on brief, for appellant.

Joseph A. Padolsky , with whom Douglas I. Louison and Louison, Costello, Condon & Pfaff, LLP, Boston, MA, were on brief, for appellees Town of Wenham, Jeremy Coffey, Anthony M. Feeherry, and Shaun Hutchinson.

Before Thompson, Selya, and Kayatta, Circuit Judges.

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...

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