VALLEY GREEN GROW v. TOWN OF CHARLTON (App.Ct.)

DOWNLOAD the decision of the Appeals Court.

In Valley Green Grow, Inc. v. Charlton, and a companion case, Valley Green Grow, LLC vs. Planning Board of Charlton, the Appeals Court affirmed a Land Court decision which had overturned 2 local decisions of the ZBA and Planning Board. The Appeals Court addressed ” local zoning regulations as they relate to the creation of a large marijuana establishment[4] in the town of Charlton (town). The town’s planning board concluded that the plaintiffs'[5] proposed marijuana establishment constitutes “light manufacturing” as that term is used in the town’s zoning bylaw (bylaw) and, therefore, is not a use allowed in the agricultural and commercial business districts in which the proposed development site is located. On summary judgment, a judge of the Land Court concluded and declared that the proposed use is “an indoor commercial horticulture/floriculture establishment (e.g. greenhouse) use allowed by right” in the two zoning districts.” The case provides a good discussion on marijuana law and local zoning.

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