Nimchick v. City Council of Chicopee

1 Citing case

  1. Fed. St. Neighborhood Ass'n v. F.W. Webb Co.

    Docket: 1677CV01792-D (Mass. Super. Feb. 13, 2020)

    Therefore, "every presumption is to be made in favor of the [zoning change] and its validity will be upheld unless it is shown beyond reasonable doubt that it conflicts with the enabling act." Van Renselaar, 58 Mass. App. Ct. at 108 (internal quotations and external citations omitted); see also Nimchick v. City Council of Chicopee, 96 Mass. App. Ct. 1110, 2019 WL 6278407, *2 (November 25, 2019) (Unpublished Rule 1:28) (same). At bottom, a plaintiff seeking to challenge rezoning as spot zoning "has the heavy burden of showing that [the zoning change] conflicts with the [zoning] enabling act."