Advanced Development Concepts, Inc. v. Town of Blackstone

Section 123-14 of Blackstone’s zoning code (the “rate of development” by-law) forbids the building inspector to issue, to any one developer or for any single parcel of property, during any twelve-month period, building permits authorizing more than ten dwelling units, “exclusive of un*229used authorizations which have lapsed or have been withdrawn.” The planning board may, however, authorize a greater number of units in a given year by granting a “rapid development” special permit upon the developer’s satisfaction of certain criteria. At issue is the meaning of the words “unused authorizations”…