Monthly Archives

March 2020

In Rare Move, SJC Enters Immediate Order Reversing Decision That Broadened Density-Based Standing in Zoning Appeals

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In what passes for high drama in the world of Massachusetts land use law, the Supreme Judicial Court (SJC), after hearing oral argument last Thursday in an important case involving standing in zoning appeals, entered an order the next day reversing the Appeals Court decision under review and reinstating the trial court’s decision dismissing the complaint. The SJC’s order reads simply, “The judgment of the Land Court dated June 5, 2018, dismissing the plaintiffs’ complaint for lack of standing, is hereby affirmed. Opinion to follow.”

The case is Murchison v. Zoning Bd. of Appeals of Sherborn. The Appeals Court’s decision, which came out last fall, caused a mini-earthquake within the real estate development bar. The case involves a neighbor’s challenge to a building permit authorizing the construction of a house on a vacant lot that the neighbor claims doesn’t meet the applicable lot-width requirement. The lot, which is wooded, is across a street from the neighbor’s house. Both lots are