Legal Opinion

Andrews v. Town of Amherst

Massachusetts Appeals Court

Decided March 5, 2007No. 05-P-1824PublishedCited by 2 opinions

1Opinion of the CourtDoerfer, J.

A substantial portion of the plaintiffs’ land (locus) in the town of Amherst (town) was rezoned from a light industrial zone to a flood prone conservancy (FPC) zone. A Land Court judge agreed with the plaintiffs’ position that the action of the town constituted reverse spot zoning and therefore was null and void. We conclude that the plaintiffs did not present evidence sufficient to sustain their heavy burden to overcome the legitimacy of the town’s action, and we reverse.

We first describe the locus in question, which was rezoned, *366and the surrounding area, which was not. We next review the…

2Cases cited23 opinions

  1. Dandridge v. WilliamsSupreme Court of the United States · 1970
  2. Board of Appeals of Hanover v. Housing Appeals Comm.Massachusetts Supreme Judicial Court · 1973
  3. Simon v. Town of NeedhamMassachusetts Supreme Judicial Court · 1942
  4. Turnpike Realty Co. v. Town of DedhamMassachusetts Supreme Judicial Court · 1972
  5. Sturges v. Town of ChilmarkMassachusetts Supreme Judicial Court · 1980

18 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. FEDERAL STREET NEIGHBORHOOD ASSOCIATION & Others v. F.W. WEBB COMPANY & OthersMassachusetts Superior Court · 2020
  2. Nextsun Energy LLC v. FernandesMassachusetts Land Court · 2021

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