Bonan v. City of Boston

We deal here with a declaratory judgment entered in the Superior Court on April 11, 1986, ruling invalid art. 26 of the Boston Zoning Code, which makes certain developers responsible for a “Development Impact Project Exaction,” commonly known as a linkage payment, designed to increase the availability of low and moderate income housing in Boston. The city’s appeal challenges the Superior Court judge’s determination that, on the record before him, the plaintiffs were entitled to entry of a judgment declaring art. 26 invalid.

We conclude that the plaintiffs have not demonstrated that they were…