Town’s Bylaw Restricting Building Ruled Unconstitutional  

The Supreme Judicial Court recently ruled that a town’s amendment to its zoning bylaws restricting the number of building permits issued in town for an unlimited duration was unconstitutional.

The case dates back to 1988, when the town of Hadley at a special town meeting adopted a rate of development (ROD) amendment to its zoning bylaws. The amendment limited growth in the town by restricting the number of building permits issued in any given year to developers, and generally required development to be spread over a period of up to 10 years. According to the town, the bylaw was adopted to preserve the town’s agricultural land and character, and it provided for a “phasing-in” of population growth in the town.

Since 1988, the town has engaged in several planning exercises. However, it did not adopt many of the measures of planning suggested in the studies that it undertook, including adopting a comprehensive land use plan or hiring a full-time planner.

The plaintiff, Martha Zuckerman, owns a 66-acre piece of land in an agricultural-residential use district within Hadley. Zuckerman’s property could accommodate a large subdivision of about 40 single-family homes. However, the amendment limits development of her property to four units a year for 10 years.

Claiming that it was not economically feasible to develop her property over a 10-year period, the plaintiff brought the action in the Land Court, seeking to have the amendment declared invalid and unconstitutional, or to have a judge rule that it constituted a taking for which she must be compensated. The judge ruled in the plaintiff's favor, but the town of Hadley appealed the decision.

In its ruling, the court stated that Hadley, like any other town, may adopt zoning bylaws and participate in programs that limit growth by limiting the amount of land available for development.

However, what it may not do, the court ruled, is adopt a zoning bylaw for the purpose of limiting the rate of growth for an indefinite or unlimited period. “Restraining the rate of growth for a period of unlimited duration, and not for the purpose of conducting studies or planning for future growth, is inherently and unavoidably detrimental to the public welfare, and therefore not a legitimate zoning purpose,” the court concluded.

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