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MONGEAU v. CITY OF MARLBOROUGH

No. 06-2666.

492 F.3d 14 (2007)

Eugene MONGEAU, Plaintiff, Appellant, v. CITY OF MARLBOROUGH, and Stephen Reid, Individually and as Commissioner of Inspectional Services for the City of Marlborough and as a Member of the City of Marlborough Site Plan Review Committee, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 22, 2007.

Attorney(s) appearing for the Case

J. David Breemer, with whom Pacific Legal Foundation, Catherine J. Savoie, Of Counsel, and Posternak, Blankenstein & Lund, LLP were on brief, for appellant.

Judy A. Levenson, with whom Leonard H. Kesten, Deidre Brennan Regan, and Brody, Hardoon, Perkins & Kesten, LLP were on brief, for appellees.

Before TORRUELLA and LIPEZ, Circuit Judges, and STAFFORD, JR., Senior District Judge.

TORRUELLA, Circuit Judge.

This case asks us to determine whether a plaintiff in a land-use dispute must prove that a defendant engaged in behavior that "shocks the conscience" in order to prevail on a substantive due process claim related to that dispute. Eugene Mongeau, a landowner, brought suit against the City of Marlborough (the "City") and Stephen Reid, the Commissioner of Inspectional Services for the City of Marlborough (collectively, "Defendants"), after Reid...

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