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John S. Barth v. City of Peabody, Massachusetts

Paid petition · United States Court of Appeals for the First Circuit, No. 19-1643 · judgment June 15, 2020

Certiorari denied · November 2, 2020
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Did municipal denial of permission to rebuild a home effect a taking of private property, where an ex post facto ordinance prohibited all other economically viable uses? What compensation is to be made for consequent damages?

  2. Did acts of the defendant violate the Plaintiff right to Equal Protection of Law, where residential use was allowed to continue on adjacent properties, all similar in non-conformance with the ex post facto ordinance?

  3. Should this Court review de novo to avoid bias upon remand? Did appeal require a trial transcript, where none of the issues required consideration of trial process, except due process denial by perjuries now in separate litigation?

Counsel of record

For petitioner
John S. Barth

For respondent
Adam J. Buckley

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 02 2020
    Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
  2. Oct 07 2020
    DISTRIBUTED for Conference of 10/30/2020.
  3. Sep 23 2020
    Waiver of right of respondent City of Peabody, Massachusettes to respond filed.
  4. Aug 10 2020
    Petition for a writ of certiorari filed. (Response due October 13, 2020)