Kindercare Learning Centers, Inc. v. Town of Westford

On May 11, 2002, during a town meeting, Westford adopted a by-law amendment imposing the 2,500 square foot maximum footprint. Claiming to be exempt from application of the new by-law due to their pending subdivision appeal, the plaintiffs applied on September 23, 2002, for a building permit for their proposed 10,128 square foot facility. The building commissioner denied the application, taking the position that entitlement to a building permit depended on ultimate approval of the subdivision plan. The zoning board of appeals agreed with the building commissioner and affirmed the denial of the…