Hanlon v. Town of Sheffield
89 Mass. App. Ct. 392
| Mass. App. Ct. | 2016Background
- Hanlon owns ~38 acres in Sheffield and created an 80x1,250 ft strip used since 2006 for noncommercial, private aircraft operations; he registered the site with FAA and as a noncommercial private restricted landing area (PRLA) with the Mass. DOT aeronautics division (the division).
- The property lies in a rural zoning district whose by-law permits only listed uses and expressly prohibits "commercial airfield," but does not mention noncommercial/private airfields.
- The town building commissioner issued a cease-and-desist in 2011 ordering Hanlon to stop using the PRLA because the use is not "set forth" in the by-law; the zoning board of appeals upheld the order.
- Hanlon appealed to Land Court, seeking (1) review of the board’s decision and (2) a declaration that the by-law provision is invalid insofar as it regulates aircraft because the town never submitted the by-law to the division for approval under G. L. c. 90, § 39B.
- The Land Court granted summary judgment for the town; the Appeals Court reversed, focusing on the interplay between § 39B’s fourth paragraph (which exempts noncommercial private landing areas) and its fifth paragraph (which requires division approval of municipal rules "relative to the use and operation of aircraft").
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether G. L. c. 90, § 39B permits a municipality to enforce a by-law banning noncommercial private restricted landing areas without obtaining prior approval from the aeronautics division | Hanlon: § 39B(4) exempts noncommercial private landing areas from the entire section, so municipal regulation of such PRLAs is not governed by division approval; town by-law is invalid because town never sought approval | Town: § 39B(5) subjects municipal rules "relative to the use and operation of aircraft" (including noncommercial PRLAs) to division approval; hence town may regulate and enforce its by-law without separate approval for the specific by-law now at issue | Court: Read § 39B(4) purposively to exempt only provisions existing in 1946, not the 1985 fifth paragraph; municipal bylaws that regulate the "use and operation of aircraft" cannot take effect until submitted to and approved by the division; judgment for town reversed and remanded |
Key Cases Cited
- Commerce Ins. Co. v. Commissioner of Ins., 447 Mass. 478 (de novo review of statutory interpretation and effectuation of legislative intent)
- Commonwealth v. Neiman, 396 Mass. 754 ("this section" construed to apply narrowly to immediately preceding provisions)
- Sterilite Corp. v. Continental Cas. Co., 397 Mass. 837 (courts may depart from literal words to effectuate statute's purpose)
- Watros v. Greater Lynn Mental Health & Retardation Assn., Inc., 421 Mass. 106 (courts may supply words to render statute intelligible and effectuate intent)