Town of Sturbridge v. McDowell

The principal issue presented in this appeal is whether the breeding and raising of dogs for sale is an agricultural pursuit under G. L. c. 40A, § 3.1

The case was presented upon an agreed statement of facts to a Superior Court judge. We summarize them. The defendant owns an eighty-two acre tract of land in Sturbridge, which is located in a Rural Residential District 2 under the Sturbridge zoning by-law and on which she conducts a dog handling business. The defendant’s business consists of breeding, raising, boarding, showing, and selling both her own and clients’ dogs. All of these activities…