Town of Franklin v. Wyllie

We transferred this case to this court on our own motion to decide whether a fully executed purchase and sale agreement for land valued, assessed, and taxed as agricultural or horticultural under G. L. c. 61A constitutes a “bona fide offer *188to purchase,” thereby triggering a town’s right of first refusal under § 14 of that chapter, when the purchaser’s obligation under the agreement is conditioned on the receipt of municipal approvals of a proposed residential subdivision plan, as well as all necessary permits, and the purchase price stated in the agreement is not fixed but is dependent on the…