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Case Study: Barth v. City of Peabody



In this case study, and enterprising would-be developer bought a distressed and foreclosed-on piece of property from Freddie Mac for pennies on the dollar, hoping to build housing and flip it. The Town of Peabody, however, denied his building application due to noncompliance with some of the local zoning rules. The would-be builder sued under a variety of theories, Including that the Board's action constituted a "taking" under the Fifth Amendment, requiring just compensation. The plaintiff added counts to the lawsuit under the constitutional equal protection and due process provisions and threw in some allegations of civil rights violations for good measure.

The case can be found here:

https://casetext.com/case/barth-v-city-of-peabody