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SBT Holdings, Ltd. Liab. Co. v. Westminster, Town of

ELR Citation: 38 ELR 20278
Nos. No. 08-1512, (1st Cir., 11/06/2008)

The First Circuit reversed a lower court decision dismissing a developer's equal protection claim against a town for intentionally obstructing a condominium real estate development project. The city ordered the developer to take certain remediation measures to control erosion and prevent damage to nearby wetlands, but it did not require remediation from property owners who had purchased property from the developers. The lower court held that the complaint failed to specify similarly situated others who were treated differently, a necessary element in an equal protection case. But based on the facts pled, the environmental obligations ran with the land. The purchasers, therefore, were subject to the same environmental obligations as the developer. Because the city selectively chose not to enforce those obligations against those who purchased the real estate from the developer, the lower court erred in dismissing the developer's equal protection claim.