Durand v. IDC Bellingham, L.L.C.
Massachusetts Supreme Judicial Court
793 N.E.2d 359 (Mass. 2003)
Relevant factsFree
IDC Bellingham (defendant), seeking to build a second power plant, needed the town to rezone the land and offered an $8 million gift to the town contingent on a favorable rezoning vote; the town voted to rezone. Eight nearby landowners (plaintiffs) sued for a declaration that the rezoning was void as illegal contract zoning. The trial court found no contract zoning had technically occurred, but ruled the $8 million offer nonetheless nullified the vote; IDC appealed.
IssueFree
Whether a town's rezoning vote is invalidated by a voluntary monetary offer, made in connection with the vote, from the party that stands to benefit from the rezoning.