Grace then brought this suit seeking a declaration that the 1996 amendment creating the temporary open-space buffer zone was unlawful as spot zoning. The trial court ruled for the city.
Therefore, the court said the amendments did not exceed the city's authority under its police powers and did not amount to unlawful spot zoning. The trial court decision was affirmed.
This situation continues in the long history of what amounts to "spot zoning
" and political massaging of diverse community boards, local perceptions competing with the lobbying efforts of some powerful developers and special interest groups.
Smith described the board's action as spot zoning
incompatible with the city's land-use plan.
McCabe also disagreed with the charges of spot zoning
, noting the opposite side of Route 140 is zoned for commercial use.
It also argues that the change to allow the increased height is "spot zoning
Not Necessarily Unreasonable," Cases In Brief, The Appraisal Journal (October 1992): 572-573.
The citizens group sought to block the approval in court, asserting "procedural irregularities" in the environmental review process, "spot zoning
," and that the Village Board had been improperly "predisposed" to approve the proposed store.
In response to the charge of spot zoning
, Town Counsel Stephen Madaus said, based off recent cases, courts have been less likely to find against the will of town meetings, unlike years past.
Coady's lawyer, Kenneth Tatarian of Boston, also argued the board decision violates state law that prohibits spot zoning
Connor said he worried that such a narrowing of his petition article would be looked at as spot zoning
by the state and declared illegal.
Some selectmen, however, said the Planning Board had suggested she go for the Central Business District zoning because it would remove the possibility that the state could deny the change to all business, ruling it as spot zoning