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81 SPOONER ROAD LLC v. TOWN OF BROOKLINE

SJC-10104

452 Mass. 109 (2008)

81 SPOONER ROAD LLC v. TOWN OF BROOKLINE.

Supreme Judicial Court of Massachusetts, Suffolk.

August 4, 2008.

Attorney(s) appearing for the Case

Jeffrey P. Allen (Eric B. Goldberg with him) for the plaintiff.

Jennifer Dopazo, Town Counsel (John J. Buchheit, Assistant Town Counsel, with her) for the defendant.

Richard W. Benka, for Moderator's Committee on Zoning of the Town of Brookline, amicus curiae, submitted a brief.

James Gray Wagner & Thomas J. Urbelis, for City Solicitors & Town Counsel Association, amicus curiae, submitted a brief.

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

SPINA, J.

Section 5.20 of the zoning bylaw of the town of Brookline (town) employs a maximum floor-to-area ratio (the numerator is the "gross floor area" of a building; the denominator is the area of the lot on which it sits) to regulate land use in different zones within the town. 81 Spooner Road LLC, a developer, challenged this provision of the bylaw in an action filed in the Land Court under G. L. c. 240, § 14A...

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