ZUCKERMAN v. TOWN OF HADLEY


442 Mass. 511 (2004)

MARTHA W. ZUCKERMAN v. TOWN OF HADLEY.

Supreme Court of Massachusetts, Suffolk.

August 24, 2004.


Attorney(s) appearing for the Case

Joel B. Bard (John J. Goldrosen with him) for the defendant.

Diane C. Tillotson (Maureen E. Curran with her) for the plaintiff.

The following submitted briefs for amici curiae:

John A. Pike for Massachusetts Municipal Association.

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

Richard J. Gallogly & Gareth I. Orsmond for The Abstract Club & another.

Howard P. Speicher & Benjamin Fierro, III, for Home Builders Association of Massachusetts, Inc., & others.

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


CORDY, J.

This case involves a landowner's challenge to the statutory and constitutional validity of a town zoning bylaw of unlimited duration that regulates the number of building permits issued annually for the construction of single family homes. It requires us to confront more broadly the issues of duration and purpose left open in Sturges v. Chilmark, 380 Mass. 246 ...

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