Rosenfeld v. Board of Health of Chilmark

How courts have described this case

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

• affirming dismissal of counts pursuant to G. L. c. 249, § 4, “because an action in the nature of certiorari lies only where there is no other available remedy”
• “The Creative Environments holding has led, in the First Circuit, to a long line of land use decisions rejecting the use of § 1983 actions. ”[
• “Since the complaint fails to allege any conduct by anyone that could be considered a ’threat, intimidation or coercion,’ it fails to state a claim under the [MCRA]”
• “Since the complaint fails to allege any conduct by anyone that could be considered a ‘threat, intimidation or coercion,’ it fails to state a claim under the Massachusetts Civil Rights Act”
• “[w]hen a direct and distinct path of review is available, it is not appropriate to grant declaratory relief . . . particularly where the action seeks to circumvent the time period prescribed for a direct appeal”
• ‘When a direct and distinct path of review is available, it is not appropriate to grant declaratory relief in the absence of special circumstances, particularly when the action seeks to circumvent the time period prescribed for a direct appeal” (internal quotation omitted)

Source: CourtListener parenthetical corpus (CC0).