Modern Continental Construction Co. v. Building Inspector

1. The undisputed facts. The plaintiff owns the locus in issue, “Lookout Farm,” which it uses for the production and sale of fruit, vegetables, herbs, and livestock, including ostrich, deer, lamb, calves, sheep, goats, chicken, pheasants, peacock, and rabbits. The farm is about 110 to 115 acres and has been in continuous agricultural use for over three hundred years. It is situated in a zoning district in which farms for raising, keeping, and selling certain animals are allowed as matter of right.1

Animals raised on the locus are kept for breeding purposes, sold live, or sent off premises for…