Justia U.S. 1st Circuit Court of Appeals Opinion Summaries

Pursuant to a permit issued by the Rhode Island Coastal Resources Management Council (CRMC), the developer built 26 of 79 planned homes and installed infrastructure between 1992 and 2007. The Rhode Island Historic Preservation and Heritage Commission (HPHC) became interested in the site and recommended withdrawal of the permit or requiring a complete archaeological data recovery project. In 2009, after informal negotiations, the developer notified the HPHC that it would resume construction absent some response from the agencies. The developer resumed construction and a stop-work order issued. CRMC hearings are ongoing. The district court dismissed the developer's takings claims as unripe, rejecting an argument that the state litigation requirement was excused; that argument was foreclosed by a binding First Circuit holding that Rhode Island's procedures were available and adequate. The First Circuit affirmed, holding that the developer did not prove that state remedies were unavailable or inadequate.

Homeowners fell behind on their mortgage and the bank initiated foreclosure. The homeowners filed a Chapter 13 bankruptcy. The judge denied their motion for rescission of the mortgage and for damages, based on noncompliance with state laws. The district court and First Circuit affirmed. The homeowners signed right-to-cancel forms required under the Massachusetts Consumer Credit Cost Disclosure Act, modeled after the federal Truth in Lending Act (15 U.S.C. 1635); technical flaws in the form cannot serve as a basis for invalidating a transaction five years later. Similarly, a slight delay in receipt of a required high-cost loan disclosure did not justify rescission five years later.