MacNeil v. Town of Avon
Massachusetts Supreme Judicial Court
1Opinion of the CourtO’Connor, J.
We consider whether a zoning by-law requiring a 200 foot frontage as a prerequisite to obtaining a special permit to construct one or more multiple-family dwellings is constitutional as applied to the plaintiff’s property. We hold that the by-law is constitutional as applied.
The plaintiff owns an inverted “L” shaped parcel in Avon. The parcel contains a house and barn and comprises approximately 137,000 square feet, with 190 feet of frontage on Highland Street. Much of the parcel is vacant.
The plaintiff’s land is in the town’s “Residence A” zoning district. Permitted uses as of right in a…
2Cases cited21 opinions
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- Nectow v. City of CambridgeSupreme Court of the United States · 1928
- MacGibbon v. Board of Appeals of DuxburyMassachusetts Supreme Judicial Court · 1970
- Simon v. Town of NeedhamMassachusetts Supreme Judicial Court · 1942
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3Cited by16 opinions
- South Middlesex Opportunity Council, Inc. v. Town of FraminghamDistrict Court, D. Massachusetts · 2010
- Trustees of Tufts College v. City of MedfordMassachusetts Supreme Judicial Court · 1993
- Valcourt v. Zoning Board of AppealsMassachusetts Appeals Court · 1999
- National Amusements, Inc. v. City of BostonMassachusetts Appeals Court · 1990
- Yankee Atomic Electric Co. v. Secretary of the CommonwealthMassachusetts Supreme Judicial Court · 1988
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