This is not your standard eminent domain case where the government takes someone’s property to build a highway or some such public purpose. Instead, a developer is claiming that its property was taken by a town through zoning regulations so onerous that they made the property unmarketable.
The developer ultimately lost the property to foreclosure, sued the town of Weston for violations to its constitutional rights, and late last year won a $5 million verdict. Now the town’s lawyers are arguing that the verdict should be vacated. For one thing, Weston’s lawyers argue that the state court didn’t have the jurisdictional power to consider whether the developer’s civil rights were violated under federal law.
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