KCI Management, Inc. v. Board of Appeal of Boston
Massachusetts Court of Appeals
54 Mass. App. Ct. 254, 764 N.E.2d 377 (2002)
- Written by Tanya Munson, JD
Facts
KCI Management, Inc. (KCI) (plaintiff) applied for building and conditional-use permits to construct 23 single-family homes on land it owned in the Hyde Park section of Boston. KCI’s parcel was in a residential district that allowed single-family residential homes to be constructed as a matter of right. A portion of KCI’s parcel was within a Greenbelt Protection Overlay District (GPOD). Boston’s board of appeal (the board) (defendant) denied KCI’s applications because KCI did not satisfy all the conditions required for the board to grant permits under the GPOD regulatory scheme. KCI filed a complaint in district court alleging that the board’s decision was arbitrary and capricious because KCI had met all of the applicable conditions entitling KCI to the permits it applied for. KCI also sought a declaration that the GPOD regulatory scheme violated the uniformity requirement of Boston’s Zoning Enabling Act by transforming uses of right into conditional uses. The district court found that the GPOD regulatory scheme and the requirement that landowners within a GPOD obtain a conditional-use permit for any use violated the zoning enabling act.
Rule of Law
Issue
Holding and Reasoning (Duffly, J.)
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