Peter Brooks Published in Real Estate Finance Journal

“Denied Your Permits? Make a Federal Case Out of It”

Peter’s article, “Denied Your Permits? Make a Federal Case Out of It," was published in the Winter 2008 issue of Real Estate Finance Journal. The article offers readers an alternative to business as usual by showing how a 2000 United States Supreme Court decision opened the door to claims of discrimination when developers were denied permits. Peter profiles the towns of Seekonk and Hopkinton, MA which "faced large judgments in the past several years, entered on behalf of property developers who successfully established that the denial of their permits was unlawfully discriminatory."

Peter points out that one of the advantages to filing a civil rights claim is that it’s a claim against the individual decision makers for monetary damages, which raises the stakes for them personally instead of as a body with nothing to lose. Furthermore, a town typically wouldn’t want to pay for what could be significant expenses associated with fighting a civil rights claim. Finally, the argument is made before a jury, which is often a receptive audience when hearing accounts of how public officials may have acted unfairly.