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HANEY v. TOWN OF MASHPEE

No. 22-1446.

70 F.4th 12 (2023)

Matthew HANEY, AS TRUSTEE OF the GOOSEBERRY ISLAND TRUST, Plaintiff, Appellant, v. TOWN OF MASHPEE; Mashpee Zoning Board of Appeals; Jonathan Furbush; William A. Blaisedell; Scott Goldstein; Norman J. Gould; Bradford H. Pittsley; Sharon Sangeleer, as they are members of the Zoning Board of Appeals of the Town of Mashpee, Defendants, Appellees.

United States Court of Appeals, First Circuit.

June 6, 2023.

Attorney(s) appearing for the Case

Paul Revere, III , for appellant.

Joseph A. Padolsky , with whom Louison, Costello, Condon & Pfaff, LLP, was on brief, for appellees.

Before Barron, Chief Judge, Howard and Montecalvo, Circuit Judges.

Matthew Haney ("Haney"), as the Trustee of the Gooseberry Island Trust ("Trust"), brought a complaint against the Town of Mashpee ("Town") and its Zoning Board of Appeals ("Board") alleging an unconstitutional taking of property. The district court dismissed the complaint without prejudice for want of jurisdiction on ripeness...

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