Legal Opinion

Durand v. IDC Bellingham, LLC

Massachusetts Supreme Judicial Court

Decided August 15, 2003PublishedCited by 13 opinions

1Opinion of the CourtCordy, J.

On May 28, 1997, residents attending the town of Bellingham’s (town’s) open town meeting voted to rezone a parcel of land located in the town. Three and one-half years later, several residents living near the parcel brought suit challenging the rezoning. The question before the court is whether the town meeting vote was invalid because the prospective owner of the parcel, IDC Bellingham, LLC (IDC), had offered to give the town $8 million if the rezoning was approved and a power plant was built and operated on the site.

1. Background. The essential facts of this case are undisputed. In 1993,…

2Cases cited35 opinions

  1. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  2. Dolan v. City of TigardSupreme Court of the United States · 1994
  3. Eastern Enterprises v. ApfelSupreme Court of the United States · 1998
  4. United States v. DowSupreme Court of the United States · 1958
  5. Soon Hing v. CrowleySupreme Court of the United States · 1885

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3Cited by13 opinions

  1. Super Wash, Inc. v. City of White SettlementCourt of Appeals of Texas · 2004
  2. Hanna v. Town of FraminghamMassachusetts Appeals Court · 2004
  3. Andrews v. Town of AmherstMassachusetts Appeals Court · 2007
  4. Concrete Systems Inc v. Pavestone CompanyCourt of Appeals for the First Circuit · 2004
  5. DON PERRY v. ZONING BOARD OF APPEALS OF HULL & others.Massachusetts Appeals Court · 2021

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