Lovaco, Inc. v. Zoning Board of Appeals of Attleboro

The defendant (board) appeals from a decision which held that a condition the board attached to its grant of a special permit application was in excess of the board’s authority. The condition was a requirement that the plaintiff *240(applicant) file a bond in the amount of $900,000 guaranteeing its completion of the proposed project: namely, the extension of a golf course.

This is the relevant background. The applicant owns a tract of land in excess of four hundred acres, part of which is devoted to a nine-hole golf course. The land is in a single-family residential zone, in which a golf course is…