Lamb v. Zoning Board of Appeals

Today we address whether purchasing a nonconforming lot with actual knowledge of its nonconformity is, standing alone, sufficient basis upon which to deny zoning relief as a self-created hardship. We hold that it is not.

*514Background. The facts, as set out in the Superior Court judge’s written findings, are not contested on appeal, but we repeat those, and others, that are relevant here. Paul G. Lamb and David M. Lamb, suing individually and as cotrustees of D&P Realty Trust (D&P Realty) (collectively, plaintiffs), own two adjacent lots (lots) in the city of Taunton (city). Paul3 previously had…