Davis Malm Prevails in MA Land Court Case Involving Marijuana Cultivation and Product Processing Facilities in Framingham

Davis Malm successfully defended an appeal of a site plan approval decision and a challenge to a zoning bylaw amendment in the Massachusetts Land Court case, Rossen v. Long, 20 MISC 000395 (MDV) (Mass. Land Ct. Jan. 24, 2022). The Court’s decision paves the way for approval of a site plan for a marijuana cultivation and product manufacturing facility at Eastleigh Farm in the City of Framingham.

Josh Grossman, Shawn McCormack and Courtney Simmons represented Commonwealth Farm 1761, Inc. in the case, which involved a challenge by owners of abutting properties to the Framingham Planning Board’s approval for the construction and operation of a marijuana cultivation facility on a portion of a 112-acre parcel located in the R-4 Zoning District. The plaintiffs claimed that the Board’s site plan approval was arbitrary and capricious, and the bylaw amendment was an unlawful exercise of “spot zoning.” The Land Court held that the plaintiffs lacked standing to challenge the Board’s approval of the site plan and dismissed the spot zoning claim after finding it had no basis in fact or law.

To read the complete Land Court decision, please click here.

For more information, contact: Joanne Thorud; (617) 589-3894; jthorud@davismalm.com