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The Appeals Courtroom of Massachusetts (“Appellate Courtroom”) addressed in a December 8 Memorandum and Order (“Memorandum”) a judicial problem to an ordinance of the Metropolis of Ware, Massachusetts, (“Ware”) requiring particular permits for big, ground-mounted photo voltaic power amenities in sure zoning districts. See PLH, LLC v. Metropolis of Ware, 2022 WL 17491278.
Plaintiff, PLH, LLC (“PLH”) contends that Ware violated a provision of Massachusetts regulation that gives that:
. . . no zoning ordinance or by-law prohibits or unreasonably regulates the set up of photo voltaic power techniques or the development of buildings that facilitate the gathering of photo voltaic power, except essential to guard the well being, security or welfare of the general public .
See GLc40 A § 3.
PLH is looking for approval for 2 giant ground-mounted photo voltaic power installations within the rural-residential zoning district of Ware. The Ware zoning regulation requires a web site plan assessment and a particular allow for big photo voltaic amenities in a residential zone.
The decrease court docket discovered that the particular allow requirement was legitimate as a result of Ware utilized it narrowly.
The Appellate Courtroom first responded to PLH’s argument that the particular allow requirement was unreasonable as a result of:
. . . doesn’t deal with the fabric or reputable curiosity of the municipality past what has already been addressed within the web site plan assessment.
The quoted paragraph has been interpreted to permit for a wider regulatory scope. It doesn’t particularly prohibit particular allow necessities as present in different sections of the identical regulation.
The Appellate Courtroom additionally rejected PLH’s declare that the requirement had no reputable curiosity within the municipality. The preservation of the character and surroundings of the zoning district was declared by the Courtroom to be a “reputable municipal curiosity.” The requirement to contemplate a restricted set of things is taken into account to provide Ware extra alternative to make sure that the installations are appropriate for the requested location. That is thought-about a reputable municipal function.
Lastly, the Appellate Courtroom additionally rejected the argument that the particular allow requirement unreasonably burdened or restricted photo voltaic set up. Talked about is Ware’s photo voltaic bylaw that enables giant photo voltaic installations on greater than 72% of its land (both with a particular allow or after cite plan assessment). Regardless of recognizing that the approval course of might be prolonged with extra prices, the Courtroom of Attraction discovered that it was cheap contemplating the curiosity of the municipality it served.
The Appellate Courtroom in the end rejected the problem to Ware’s particular allow requirement.
A replica of the Opinion might be downloaded right here.
