Firm Utilizes 2024 Amendments to Zoning Act to Defeat Abutter Permit Challenge for Family Business
Todd & Weld successfully employed the 2024 amendments to the Zoning Act in its representation of a long-standing, family-owned landscaping and nursery business to defeat a special permit challenge by abutting property owners in Norfolk Superior Court. The firm obtained an order requiring litigious neighbors to post a substantial appeal bond in an amount that exceeded the pre-2024 statutory limit. The case was dismissed after they failed to pay the bond.
Matt Furman and Sam Myers represented the family business after neighboring property owners—proceeding pro se—filed their latest lawsuit, this time challenging the most recent renewal of the company’s special permit to operate at the same location it has occupied since 1965. The lawsuit followed a familiar pattern: each time the business sought to renew or confirm its authorization to operate, new litigation was filed by these same challengers, imposing significant cost and delay.
Todd & Weld moved for the imposition of an appeal bond under the 2024 amendments to G.L. c. 40A, § 17, arguing that the continued litigation caused ongoing financial and operational harm and warranted security to prevent abuse of the zoning appeals process. The court agreed, ordering the challengers to post a $75,000 bond as a condition of proceeding with their case.
After unsuccessful attempts to reverse the ruling, the challengers did not post the bond, terminating the litigation.
The decision reflects the Court’s application of strengthened bond provisions in G.L. c. 40A, § 17, enacted through the Affordable Homes Act of 2024, which expanded judicial authority to require bonds in zoning appeals and increased the statutory limit for appeal bonds five-fold, from $50,000 to $250,000.
Todd & Weld regularly represents businesses and property owners in complex land use and zoning litigation in the Superior Court, the Land Court, and the state appellate courts.