TWOMEY v. COMMISSIONER OF FOOD & AGRICULTURE


435 Mass. 497 (2001)

THOMAS D. TWOMEY & another v. COMMISSIONER OF FOOD & AGRICULTURE & another.

Supreme Judicial Court of Massachusetts, Suffolk.

December 14, 2001.


Attorney(s) appearing for the Case

Ginny Sinkel, Assistant Attorney General (John E. Bowman, Jr., Assistant Attorney General, with her) for the defendants.

SallyAnn Janulevicus for the plaintiff.

John H. Perten (Maura A. Gallagher with him) for the intervener.

The following submitted briefs for amici curiae:

Henry C. Porter for Massachusetts Farm Bureau.

Stephen H. Burrington for Conservation Law Foundation.

Gregory P. Bialecki & Brian S. Kaplan for Trustees of Reservations and Fredric Winthrop.

Michael E. Malamut for New England Legal Foundation.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


SPINA, J.

A judge in the Land Court granted summary judgment for the plaintiff Thomas D. Twomey,3 declaring that the Commissioner of Food and Agriculture (commissioner) may not, as a matter of policy, condition approval of the construction of a dwelling on property subject to an agricultural preservation restriction (APR)4 on the grant to the Commonwealth of an option

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