Topics: Zoning, Validity of by-law or ordinance
In Fordham v. Butera,
68 Mass. App. Ct.
907 (March 5, 2007), an abutting homeowner appealed the permit amendment to neighboring homeowner under M.G.L. c. 40A §17 and the validity of the Bylaw under M.G.L. c. 185 §1(j 1/2). The
Land Court
found that the Bylaw was invalid because it lacks sufficient standards and accords “unbridled discretion” to the Board in deciding whether to grant a permit.
Regardless of whether the Bylaw is categorized as a special permit with guidelines (zoning) or as independent municipal power (general Bylaws), the granting authority must have standards that fairly guide the board’s exercise. If the standards are lacking the Bylaw is invalid.
[Read More]
Click here for full text of case: Download
Is Land your Business?
Land Law is ours: www.Landlaw.biz
Meltzer Law Offices
Comments