366 Mass. 846 | Mass. | 1974
By a petition for a writ of mandamus the petitioners challenged the validity of a so called moratorium on the construction of residential building units in new subdivisions in Meth-uen. The moratorium was purportedly adopted on May 21, 1973, as a zoning provision by vote of the town council, “the legislative body” which the parties agree “has been substituted for the ‘Town Meeting.’ ” This provision restricted the approval of any residential building unit “until such time as the presently existing zoning ordinance and zoning map can be revised and amended in accordance with a comprehensive zoning plan, and no later than September 23, 1974.” Exemptions were provided for lots not requiring prior subdivision approval by the planning board and lots shown on subdivision plans approved prior to March 23,1973. This petition was filed on February 8,1974, more than eight months after the adoption of the challenged zoning provision. Although a statement of agreed facts was filed promptly and the matter was reserved and reported to the full bench of this court by a single
So ordered.
The case was submitted on briefs.