Professional Documents
Culture Documents
____________________
No. 95-2374
Plaintiff, Appellee,
v.
PETER GRABLER,
Defendant, Appellant.
____________________
____________________
Before
____________________
George B. Henders
_________________
__
____________________
____________________
Per Curiam.
__________
or lease
so
land it owned to
that he
could
Grabler went
dispute
by the
build a
tennis
court in
his
anyway.
backyard,
There is no
government (which
government
sued in
and
federal
district court.
government's motion
The
The
district
for summary
judgment
to its original
condition.
Grabler
on
appeal.
1.
Grabler
Theodore Smollen,
that,
as
government lawyer,
a result,
equitable remedy.
contends that
the government
is
not entitled
to an
affluent
neighborhood,
the
something out
instead of
tennis court.
In
denied
that
government
would
have
an
worked
remove the
the government
Grabler argues
and for
his
counterclaim that
the government
had denied
him equal
wealth.
-2-2-
[a]
"fraud
occurs
where
on
the
it
demonstrated,
court"
can
be
clearly
and
convincingly, that
a party has
sentiently
motion some
set in
unconscionable
calculated
the
scheme
to
interfere
judicial
with
system's ability
impartially
to
matter
by
adjudicate
improperly
influencing
the
trier
unfairly
hampering
presentation
of
the
or
the
opposing
Aoude
_____
v.
1989).
Only
F.2d
1115, 1118
(1st Cir.
a finding of fraud on
to the
the court.
We
Grabler's
there
never
further,
was
an
equal
because Grabler
after he says
_____
government's
actions
protection
never
he discovered
the simple
counterclaim
raised such
a claim
prior to
________
the
reason that
assertion
Thus,
of an
and,
until
the
equal
the purpose of
matter.
-3-3-
Finally,
protection
Grabler
violation on
does
not
the merits.
make
In
out
an
a case,
equal
as here,
show, among
"situated
other things,
similarly
differently . . . ."
in
references to
government
land do
all relevant
aspects
were treated
not
persons who
were permitted
contain any
___
information about
any malicious
Grabler's.
intent on the
to use
how
government's part,
2.
others
demonstrate
instances where
Grabler's
specific
See id.
___ ___
is that
the
injunction
inappropriate.
entered
We have
Evans, Inc.
___________
633
the
district
court
is
that the
discretion in ordering
by
the relief
it did.
not abuse
its
F.2d 628,
for abuse of
discretion).
does not
Because
this
appeal
does
not
present
any
court.
as moot.
-4-4-