Did municipal denial of permission to rebuild a home effect a taking of private property, where an ex post facto ordinance prohibited all other economically viable uses? What compensation is to be made for consequent damages?

Questions Presented for Review 1. Did municipal denial of permission to rebuild a home effect a taking of private property, where an ex post facto ordinance prohibited all other economically viable uses? What compensation is to be made for consequent damages? 2. Did acts of the defendant violate the Plaintiff right to Equal Protection of Law, where residential use was allowed to continue on adjacent properties, all similar in non-conformance with the ex post facto ordinance? ‘ « 3. Should this Court review de novo to avoid bias upon remand? Did appeal require a trial transcript, where none of the issues required consideration of trial process, except due process denial by perjuries now in separate litigation? & s PARTIES 1. Plaintiff John Barth is the owner of land at 4 Lynn Street, Peabody, Essex County, Massachusetts (Peabody Assessor Map 102 Lot 255 shown in