In Donovan Bros v The Town of Montgomery, Attorney Frankel Pelletier obtained summary judgment In the United States District Court in favor of the Town of Montgomery faced with an equal protection claim arising out of a Zoning Board's decision to uphold the building inspector's order that the plaintiff's cease and desist gravel removal operations.
This is one of several cases in which Ms. Pelletier has successfully defended municipalities against allegations of constitutional violations allegedly flowing from land use disputes.
In Frei v The Town of Holland, the First Circuit upheld the Federal District Court's allowance of the Town's Motion for Judgment on the Pleadings, where the plaintiff alleged equal protection, due process, and a wide variety of constitutional and state law claims relating to the refusal to endorse an ANR.
In Matney v. The City of North Adams, the United States District Court allowed the Town’s Motion to Dismiss claims by the plaintiff against the City and various officials, alleging a variety of retaliatory actions by them constituting violations of the plaintiff’s civil rights.
In Saia v The City of Westfield, the United States District Court dismissed claims brought against the City and various City officials challenging the constitutionality of a portion of the City’s zoning ordinances as well as a wide variety of constitutional violations including both Procedural and Substantive Due Process Claims, Takings Claims and Equal Protection Claims.
In a related matter brought by the City of Westfield in the Housing Court, Attorney Pelletier obtained Summary Judgment in favor of the City, after being asked to take over the handling of the matters which had been pending for several years. The Court ruled in favor of the City issuing an order for injunctive relief for the removal of structures and prohibition of occupancy at City View Commons in Westfield. That matter is presently pending on Appeal.
Contact Info:
Nancy Frankel Pelletier, Esq. (413) 732-2301
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