Durand v. IDC Bellingham, L.L.C.

793 N.E.2d 359 (2003)

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Durand v. IDC Bellingham, L.L.C.

Massachusetts Supreme Judicial Court
793 N.E.2d 359 (2003)

SC
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Facts

IDC Bellingham, L.L.C. (IDC) (defendant) wanted to build a second power plant in Bellingham. In order to do so, it needed the town to rezone the parcel of land on which it intended to build. IDC agreed to make an $8 million gift to the town if it voted to rezone the land. Subsequently, the town voted in favor of rezoning. Eight residents who owned land near the rezoned parcel (landowners) (plaintiffs) then brought suit seeking a declaratory judgment that the rezoning was void because it constituted illegal contract zoning. The trial court found that contract zoning had not occurred, but that the offer of the $8 million gift nullified the rezoning vote. IDC appealed.

Rule of Law

Issue

Holding and Reasoning (Cordy, J.)

Concurrence/Dissent (Spina, J.)

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