Real Estate Law

Standards, Standards, Standards, do your town Bylaws have them?

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

From Meltzer BLawG Offices posted 2007-03-19.