The DOVER POOL & RACQUET CLUB, INC. v. Brooking

On January 31,1972, the parties entered into a written contract for the sale of real estate in Dover and Medfield. A few days earlier, unknown to them, the planning board of Medfield had published a notice of a public hearing on a proposed amendment to the zoning bylaw. The proposed amendment would newly require a special permit for the use of the premises contemplated by both the vendor and the purchaser, and under G. L. c. 40A, § 11, the amendment if adopted would have effect retroactive to the date of publication. The purchaser sought rescission of the contract and return of its deposit. A…