BENNETT v. COMMISSIONER OF FOOD & AGRICULTURE


411 Mass. 1 (1991)

576 N.E.2d 1365

JAMES G. BENNETT & another vs. COMMISSIONER OF FOOD AND AGRICULTURE.

Supreme Judicial Court of Massachusetts, Berkshire.

August 14, 1991.


Attorney(s) appearing for the Case

Paul Greene for the plaintiffs.

Juliane M. Dow, Assistant Attorney General, for the Commissioner of Food and Agriculture.

Daniel A. Taylor, Mark A. Simonoff, & Sarah H. Bell, for The Massachusetts Farm and Conservation Lands Trust & another, amici curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, O'CONNOR, & GREANEY, JJ.


WILKINS J.

The Bennetts seek a declaratory judgment that they may construct a dwelling for their use anywhere on land they own that is subject to an agricultural preservation restriction (APR). See G.L.c. 184, § 31 (1990 ed.).

In April, 1985, Kenneth L. Coon, Jr., and Minnie M. Rood for $291,000 granted to the Commonwealth, acting through the Commissioner of Food and Agriculture (commissioner), an APR on 250 acres of farm land in Sheffield. On December...

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