green
Positive treatment
Quoted verbatim 2×
9.1 score
“because purchased the property subject to the restrictions on building in a flood plain, she may not complain about the loss of a right she never acquired”
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998
2012
2026
Top citers, strongest first. 17 distinct citers.
discussed
Cited as authority (quoted)
Oprzedek v. City of Beverly
a property owner's investment-backed expectations must be reasonable and predicated on existing conditions
discussed
Cited as authority (quoted)
Zanghi v. Board of Appeals
because purchased the property subject to the restrictions on building in a flood plain, she may not complain about the loss of a right she never acquired
discussed
Cited "see"
Blair v. Department of Conservation & Recreation
See Leonard v. Brimfield, 423 Mass. 152, 156 , cert, denied, 519 U.S. 1028 (1996) (governmental action may preclude most beneficial use of property without constituting taking); Turnpike Realty Co. v. Dedham, 362 Mass. 221, 236-237 (1972), cert, denied, 409 U.S. 1108 (1973) (substantial diminution in value of property does not necessarily result in regulatory taking).
cited
Cited "see"
Lamb v. Zoning Board of Appeals
See Leonard v. Brimfield, 423 Mass. 152, 155 , cert. denied, 519 U.S. 1028 (1996).
cited
Cited "see"
United States Gypsum Co. v. Executive Office of Environmental Affairs
See Leonard v. Brimfield, 423 Mass. 152, 155 , cert. denied, 519 U.S. 1028 (1996); Lucas v. South Carolina Coastal Council, 505 U.S. at 1030 .
discussed
Cited "see"
Giovanella v. Conservation Commission
See Leonard v. Brimfield, 423 Mass. 152, 156 , cert. denied, 519 U.S. 1028 (1996); Zanghi v. Board of Appeals of Bedford, 61 Mass. App. Ct. 82, 90 (2004); FIC Homes of Blackstone, Inc. v. Conservation Comm’n of Blackstone, 41 Mass. App. Ct. 681, 695 (1996).
discussed
Cited "see"
City of Carmel v. Martin Marietta Materials, Inc.
See Starzenski v. City of Elkhart, 659 N.E.2d 1132, 1140 (Ind.Ct.App.1996), ce rt. denied, 519 U.S. 1028 , 117 S.Ct. 582 , 136 L.Ed.2d 512 (1996) (affirming city’s abatement of nuisance posed by trash and debris on private property to protect health and safety of public); Mathys v. City of Berne, Inc., 501 N.E.2d 1142, 1146 (Ind.Ct.App.1986) (affirming grant of injunction against storage of inoperative vehicles and parts within city limits as prohibited by nuisance ordinance).
discussed
Cited "see"
Thomas v. National Football League Players Ass'n
See Forman v. Korean Air Lines Co., Ltd., 84 F.3d 446, 451 (D.C.Cir.), cert. denied, 519 U.S. 1028 , 117 S.Ct. 582 (1996) (“[W]e think the Seventh Circuit is correct — that the prime rate is not merely as appropriate as the Treasury Bill rate, but more appropriate(emphasis original; citing In re Oil Spill by the Amoco Cadiz Off the Coast of France, 954 F.2d 1279,1332 (7th Cir.1992)).
discussed
Cited "see"
Meyer Waste System, Inc. v. Indiana Department of State Revenue
See Starzenski v. Elkhart, 659 N.E.2d 1132, 1140-41 (Ind.Ct.App.1996) (stating that where large amount of trash and debris that was located in party’s yard and house for approximately two-years, city properly entered the property to remove it as it constituted a nuisance), trans. denied, cert. denied, 519 U.S. 1028 , 117 S.Ct. 582 , 136 L.Ed.2d 512 (1996); State v. Money, 651 N.E.2d 344, 346 (Ind.Ct.App.1995) (holding that garbage constituted solid waste and that information charging defendant with burning garbage in the back yard of his residence was sufficient to constitute the offense of …
cited
Cited "see"
McKesson Corp. v. Islamic Republic of Iran
See Forman v. Korean Air Lines Co., Ltd., 84 F.3d 446, 450 (D.C.Cir.), cert. denied, Korean Air Lines Co., Ltd. v. Forman, 519 U.S. 1028 , 117 S.Ct. 582 , 136 L.Ed.2d 513 (1996).
cited
Cited "see"
Valcourt v. Zoning Board of Appeals
See Leo-nard v. Brimfield, 423 Mass. 152, 156 , cert. denied, 519 U.S. 1028 (1996).
cited
Cited "see"
Chadwick v. District of Columbia
See Forman v. Korean Air Lines Co., Ltd.., 84 F.3d 446, 450 (D.C.Cir.), cert. denied 519 U.S. 1028 , 117 S.Ct. 582 , 136 L.Ed.2d 513 (1996).
discussed
Cited "see"
Koster v. Trans World Airlines, Inc.
Accord Hetzel v. County of Prince William, 89 F.3d 169, 173 (4th Cir.1996)(award of $500,000 grossly excessive), cert. denied, 519 U.S. 1028 , 117 S.Ct. 584 , 136 L.Ed.2d 514 (1996); see also Brownlie v. Kanzaki Specialty Papers, Inc., 44 Mass.App.Ct. 408 , 691 N.E.2d 953, 955 (1998) (emotional distress damages of $50,-000).
cited
Cited "see, e.g."
Vakil v. Vakil
See, e.g., Leonard v. Brimfield, 423 Mass. 152, 157 [, cert. denied, 519 U.S. 1028 ] (1996); Mathis v. Massachusetts Elec.
discussed
Cited "see, e.g."
Harrington Haley LLP v. Nutmeg Insurance
See also Greene v. United States, 79 F.3d 1348, 1352-53 (2d Cir.), cert. denied, 519 U.S. 1028 , 117 S.Ct. 582 , 136 L.Ed.2d 512 (1996) (finding no change in controlling facts from one tax year to another); Miller Brewing Co. v. Falstaff Brewing Corp., 655 F.2d 5, 9 (1st Cir.1981) (assuming that determination that putative trademark was generic at one time is conclusive for subsequent time absent proof by putative mark’s proponent of substantially changed facts but rejecting claim of sufficient factual change). 16 .
discussed
Cited "see, e.g."
Lambert v. Ackerly
See Avitia v. Metropolitan Club of Chicago, Inc., 49 F.3d 1219, 1230 (7th Cir.1995) (finding unreasonable a $21,000 award for emotional distress in an FLSA retaliation case); see also Hetzel v. County of Prince William, 89 F.3d 169, 171 (4th Cir.1996), cert. denied, 519 U.S. 1028 , 117 S.Ct. 584 , 136 L.Ed.2d 514 (reversing a $500,000 award for emotional distress arising out of retaliation in violation of the First Amendment).
discussed
Cited "see, e.g."
Lambert v. Ackerley
See Avitia v. Metropolitan Club of Chicago, Inc., 49 F.3d 1219, 1230 (7th Cir.1995) (finding unreasonable a $21,000 award for emotional distress in an FLSA retaliation case); see also Hetzel v. County of Prince William, 89 F.3d 169, 171 (4th Cir.1996), cert. denied, 519 U.S. 1028 , 117 S.Ct. 584 , 136 L.Ed.2d 514 (reversing a $500,000 award for emotional distress arising out of retaliation in violation of the First Amendment).
Greene et ux.
v.
United States
v.
United States
No. 96-345.
Supreme Court of the United States.
Dec 9, 1996.
Published
Citer courts: Massachusetts Appeals Court (2)
C. A. 2d Cir. Certiorari denied.