DURAND v. IDC BELLINGHAM, LLC.


440 Mass. 45 (2003)

MAURICE DURAND & others vs. IDC BELLINGHAM, LLC, & others (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

August 15, 2003.


Attorney(s) appearing for the Case

W.P. Colin Smith, Jr. (Bartholomew P. Molloy with him) for the IDC Bellingham, LLC, & another.

Kenneth L. Kimmell (Elizabeth M. Heller with him) for the plaintiffs.

The following submitted briefs for amici curiae:

Thomas J. Urbelis for Massachusetts City Solicitors and Town Counsel Association.

Martin R. Healy, Adam N. Weisenberg, Gordon H. Piper, R. Jeffrey Lyman, & Michael K. Murray for Massachusetts Chapter of the National Association of Industrial and Office Properties.

Carl K. King for Massachusetts Chapter of the American Planning Association.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.


CORDY, 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...

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