Keywords: Zoning, Lot size. Real Property, Merger. Trust, Revocable trust
The Appeals Court on February 18, 2020 affirmed a decision of the Land Court in a merger case. Landowner claimed the land continued to have grandfather protection and that the ZBA erred in upholding a denial of a building permit due to inadequate lot size. At the time the land had become non-conforming there was a more generous zoning provision that insulated the property from merger. However, several years later that “anti-merger” provision was eliminated. Landowner claimed the protection from merger continued. ZBA and Land Court held otherwise. The Appeals Court affirmed, holding that the lots did merge, notwithstanding the creative forms of ownership created by the plaintiff. The Land Court distinguished Kneer v ZBA of Norfolk. Click here for the text of the Appeals Court’s decision.