The Appeals Court has affirmed that a local zoning bylaw may provide greater protection to grandfathered lots than that provided by the Zoning Act, but the analysis of developability does not end there.

The Land Court has overturned the denial of a special permit to a commercial nursery in Falmouth in GSTVS, LLC v. Falmouth Planning Board, holding that the Board's decision met the “unreasonable, whimsical, capricious or arbitrary” standard - a somewhat unusual occurrence given the deferential review for municipal board decisions. 

The seemingly never-ending litigation involving what is still known as the Kline house in Truro moved one step closer to final resolution (and demolition) when the Appeals Court issued a decision concerning revocation of building permits and the local Zoning Board’s subject matter jurisdiction.

The Land Court asked some tough, and unanswerable, questions regarding uniformity and vagueness in a decision which invalidates Wellfleet’s Formula Businesses portion of its Zoning Bylaw.