KCI Management Corp. v. Board of Appeal

The plaintiff, KCI Management Corporation (“KCI”), brings this motion for summary judgment on count II of its first amended complaint. That count seeks an order invalidating part of Article 29 of the Boston Zoning Code (“Code”). For the following reasons, plaintiffs motion is granted, and Article 29, Section 29-6 of the Code is declared invalid in its entirety.

FACTS

The following facts are undisputed. Plaintiff, KCI, owns 7.22 acres of land in the Hyde Park section of Boston. Part of the parcel abuts Turtle Pond Parkway, a scenic highway in a Greenbelt Protection Overlay District (“GPOD”).…