McCoy v. Town of Pittsfield, NH, No. 21-1907 (1st Cir. 2023)
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The First Circuit affirmed the order of the district court entering summary judgment for the Town of Pittsfield, New Hampshire and dismissing Plaintiff's allegation that the Town's zoning ordinance, as applied by the Town's Board of Selectmen, was unconstitutionally vague and violated his First Amendment and equal protection rights, holding that the district court did not err.
Plaintiff applied for and received a permit to keep a trailer on his property for storage purposes. In 2016 and 2017, the Board granted Plaintiff permit extensions. In 2018, the Board denied Plaintiff's request for a third extension and required him to remove the trailer from his property. Plaintiff subsequently brought this action, invoking 42 U.S.C. 1983 and challenging the ordinance. The district court granted summary judgment in favor of the Town. The First Circuit affirmed, holding (1) the district court provided the requisite notice that it would reach Plaintiff's claim of content or viewpoint discrimination at summary judgment and properly entered summary judgment on this claim; (2) the Town's application of the ordinance against Defendant did not violate Defendant's equal protection rights; and (3) the ordinance, as applied by the Town, was not unconstitutionally vague.
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