DOWNLOAD  – the decision of the SJC

KeywordsReal Property, Lease. Zoning, By-law, Permitted use, Lodging house, Person aggrieved. Jurisdiction, Justiciable question, Land Court. Land Court, Jurisdiction. Practice, Civil, Standing, Substitution, Moot case. Moot Question. Words, “Tourist home.”

[Excerpt] – “General Laws c. 40A, § 6, generally protects property uses that were lawfully in existence prior to newly adopted restrictive zoning regulations.[2] In this case, the plaintiff, Alexander Styller,[3] contends that use of his family home for short-term rentals constituted a prior nonconforming use that is exempt from a zoning bylaw of the town of Lynnfield (town) that, as amended in 2016, expressly forbids such rentals in single-residence zoning districts.  He asks the court to overturn the Land Court judge’s decision and rule that short-term rentals were permissible prior to the bylaw amendments.  We decline to do so.”

The SJC, in a related decision (SHARON HEATH-LATSON v. ALEXANDER STYLLER) ruled in connection with a wrongful-death action relating to the same short-term rental property.  Click here to download the decision of the court in this related decision.

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