Nead v. Barrs Rent-A-Car Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that Miller had ability to request enforcement by Building Inspector, obtain review by ZBA, and proceed in state court under chapter 40A, section 17
• holding plaintiff had not been deprived of any constitutionally protected property interest without due process of law where he “retained his right to initiate, receive notice of, and participate in a [Zoning Board of Appeals] proceeding . . .”
• stating that in reviewing the dismissal of a claim pursuant to Fed. R. Civ. P. 12(b)(6), the federal courts “accept as true all well-pled facts alleged in the complaint and draw all reasonable inferences in the plaintiffs favor” (alteration and quotation marks omitted)
• assuming arguendo that Massachusetts creates property interest in enforcement of zoning laws against unlawful uses
• “It is unrealistic to deem each of those decisions not to pursue enforcement action to be a potential deprivation of a property interest for which prior notice need be given.”

Source: CourtListener parenthetical corpus (CC0).