Haven Center, Inc. v. Town of BourneAnnotate this Case
The Supreme Judicial Court held that the Town of Bourne properly adopted an amendment to a general bylaw banning recreational marijuana establishments from the community and that the ban was valid.
After the amendment was adopted, Plaintiffs brought this action seeking a declaratory judgment that the amendment was invalid. The superior court granted summary judgment for Defendants. The Supreme Judicial Court affirmed, holding that the amendment (1) was not a zoning bylaw subject to the requirements of Mass. Gen. Laws ch. 40A; and (2) the amendment was not void under the Home Rule Amendment and was not inconsistent with Mass. Gen. Laws ch. 94G, 3(a).