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LOPES v. CITY OF PEABODY

430 Mass. 305 (1999)

AMERICO LOPES, trustee, v. CITY OF PEABODY.

Supreme Judicial Court of Massachusetts, Essex.

November 3, 1999.

Attorney(s) appearing for the Case

Nicholas J. Decoulos for the plaintiff.

Lawrence J. O'Keefe, City Solicitor, for the defendant.

Present: MARSHALL, C.J., ABRAMS, LYNCH, GREANEY, & IRELAND, JJ.

IRELAND, J.

This appeal concerns damages for the city of Peabody's (city's) temporary regulatory taking of Americo Lopes's property through an overly restrictive zoning provision on part of his lot. During the ten years since the commencement of Lopes's original action to invalidate the zoning provision as it applied to him, this case has been before the Land Court, Superior Court, Appeals Court, this court, and the United...

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