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JOHNSON v. EDGARTOWN

425 Mass. 117 (1997)

STUART R. JOHNSON & another, trustees, v. TOWN OF EDGARTOWN.

Supreme Judicial Court of Massachusetts, Suffolk.

June 4, 1997.

Attorney(s) appearing for the Case

Francis H. Fox (Mark W. Batten with him) for the plaintiffs.

Richard W. Renehan & Ronald H. Rappaport (Heather M. Quay & Carol E. Willoughby with them) for the defendant. The following submitted briefs for amici curiae:

Cornelius J. Moynihan, Jr., & David H. Gibbs for Lawyers Committee for Civil Rights Under Law of the Boston Bar Association.

Edith M. Netter & Gregor I. McGregor for Massachusetts Federation of Planning and Appeals Boards, Inc., & others.

Cynthia L. Amara & Stephen S. Ostrach for Greater Boston Real Estate Board.

William A. Breitbart for Citizens' Housing and Planning Association.

Lisa M. Jaeger, of the District of Columbia, for Defenders of Property Rights.

Present: WILKINS, C.J., O'CONNOR, FRIED, & MARSHALL, JJ.

WILKINS, C.J.

This case concerns a challenge to a three-acre minimum area requirement for residential lots in the RA-120 Residential/Agricultural zoning district (RA-120 district) in Edgartown on the island of Martha's Vineyard. The plaintiff landowners, trustees of the Herring Creek Farm Trust, whom we shall refer to as the trust, sought a declaratory judgment, pursuant to G. L. c. 240, § 14A, that the three-acre requirement is arbitrary and unreasonable because...

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