Summary of a Recent
Judicial Development in
Agriculture and Urbanization

Zoning By-laws Prohibit Operation of
Commercial Stable

Ross H. Pifer
National AgLaw Center Graduate Assistant

In Winer v. Zoning Board of Appeals of Harwich, No. 03610, 2004 WL 2075463, at *1 (Mass. Super. Ct., July 29, 2004), the Superior Court of Massachusetts held that Plaintiff Eric Winer was required to discontinue his operation of a commercial stable and riding ring. Winer owned "approximately 1.65 acres of property in Harwich zoned as 'Residential - - Low Density' (RL)," which he operated as a horse farm. Id. at *1. Winer received a notice from Harwich's Building Commissioner "informing him that operation of a commercial business in a residential zone [was] a violation of the By-laws," and he sought to have that determination annulled. See Id. The court stated that under Massachusetts law no zoning ordinance or bylaw can "prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture," nor require the same "for the use, expansion, or reconstruction of existing structures thereon for the primary purpose of agriculture . . . except that all activities may be limited to parcels of more than five acres in area not zoned for agriculture." Id. at *2 (citation omitted). The court found that Winer's primary use of his property was agricultural despite "the commercial nature of [his] horse-related activities" and the fact that his residence was located on the lot but that Harwich could properly regulate his activities because his lot size was less than five acres. See id. at *4. The court concluded "that the Town did have the ability to regulate and prohibit the use of a commercial stable and riding ring on a lot less than five acres despite the fact that commercial stables and riding rings are agricultural uses." Id. at *4.

The case was decided on July 29, 2004; this summary was posted June 10, 2005.