NEWS RELEASE – FOR IMMEDIATE RELEASE – NEWS RELEASE
For information contact: Camaryn Sapienza, Communications Manager
(630) 699-9865 (mobile)
csapienza@newenglandlegal.org
NELF Secures Major Legal Victory for Morse Brothers, Inc. in Cranberry Grower Case
Boston, MA (January 16, 2025)— The New England Legal Foundation (NELF) achieved a significant victory yesterday in a ruling by the Massachusetts Superior Court for Plymouth County, siding with Morse Brothers, Inc., a Massachusetts-based commercial cranberry grower.
In October 2024, NELF was granted permission by the court to file a legal memorandum in support of Morse Brothers’ legal challenge against the town of Halifax. The town had required the company to obtain a permit to remove sand from its cranberry bog in Halifax and transport it to other cranberry bogs located in neighboring towns. The removal of this sand is essential for the commercial cultivation of cranberries.
While the town issued the permit, it imposed numerous restrictive conditions that would have effectively hindered Morse Brothers’ ability to grow cranberries. In its legal memorandum, NELF argued that sand removal is a protected land use under Massachusetts zoning law and should only be subject to reasonable regulation. NELF further contended that the town’s actions violated the company’s rights under the zoning law by improperly using its earth removal powers to impose excessive and unjustifiable conditions.
The court agreed with NELF’s arguments on key points, ruling that the town had violated zoning law by requiring Morse Brothers to obtain a permit for earth removal. Additionally, the court determined that the conditions imposed by the town were unlawful, finding them unreasonable and unsupported by legal or factual evidence.
This ruling marks a major victory for Morse Brothers and highlights NELF’s ongoing commitment to defending land use rights and supporting the agricultural industry in Massachusetts.
Read the full decision here.
###
About the New England Legal Foundation: Founded in 1977, the New England Legal Foundation (NELF – www.newenglandlegal.org) is the leading non-partisan, non-profit public interest law firm in the region dedicated to economic liberty. NELF’s ongoing mission is to champion free enterprise, property rights, limited government based on rule of law, and inclusive economic growth. We believe that free enterprise is a foundational value of a democratic society and the best opportunity for people to lift themselves to prosperity.