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ANDREWS v. TOWN OF AMHERST

No. 05-P-1824.

68 Mass. App. Ct. 365 (2007)

LEIGH F. ANDREWS & another v. TOWN OF AMHERST.

Appeals Court of Massachusetts, Suffolk.

March 5, 2007.

Attorney(s) appearing for the Case

Alan Seewald, Town Counsel, for the defendant.

Gregor I. McGregor (Nathaniel Stevens with him) for the plaintiffs.

Present: PERRETTA, DUFFLY, & DOERFER, JJ.

DOERFER, J.

A substantial portion of the plaintiffs' land (locus) in the town of Amherst (town) was rezoned from a light industrial zone to a flood prone conservancy (FPC) zone. A Land Court judge agreed with the plaintiffs' position that the action of the town constituted reverse spot zoning and therefore was null and void. We conclude that the plaintiffs did not present evidence sufficient to sustain their heavy burden to overcome the legitimacy of the town's action...

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