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New England Legal Foundation Supports Massachusetts Cranberry Grower in Land Use Dispute Against Town of Halifax
Morse Brothers, Inc. v. Town of Halifax
(Massachusetts Superior Court for Plymouth County)
Boston, MA (October 10, 2024) – The New England Legal Foundation has requested permission from the Massachusetts Superior Court for Plymouth County to file a proposed memorandum of law in support of Morse Brothers, Inc., a long-standing Massachusetts cranberry farming business. The case, Morse Brothers, Inc. v. Town of Halifax, centers on the town’s imposition of onerous permit conditions for the removal of sand from the company’s land—an essential agricultural practice in cranberry farming.
NELF’s memorandum of law supports Morse Brothers’ motion for judgment on the pleadings, arguing that the Town of Halifax’s requirement for an earth removal permit and its subsequent restrictive conditions violate the Dover Amendment, which protects agricultural landowners from local prohibitions or unreasonable regulation of land use. Under Massachusetts law, cranberry growers have the right to remove sand to maintain and cultivate their bogs, a land use that is protected by the Dover Amendment, part of the Massachusetts Zoning Enabling Act.
“The actions of the Town of Halifax, requiring a permit and imposing excessive conditions, are ‘repugnant to law,’ under Massachusetts General Law,” said Ben Robbins, Senior Staff Attorney at NELF. “This is a clear violation of Morse Brothers’ right to engage in agricultural practices, which should be protected from such unnecessary local interference under the Dover Amendment.”
For over two centuries, cranberry farming has been a critical part of Massachusetts’ agricultural landscape. Morse Brothers, Inc., like many other cranberry growers, depends on sand removal to maintain and revitalize its bogs. However, the Town of Halifax has imposed permit conditions that would make it nearly impossible for the company to continue its farming operations.
The case raises significant questions about the balance of municipal authority and agricultural rights under Massachusetts law. NELF’s brief emphasizes that while towns have the ability to regulate land use under their police powers, such regulations must not conflict with statutory protections for agricultural practices. The Dover Amendment, in particular, limits the town’s ability to require special permits or impose unreasonable restrictions on farming operations.
NELF advocates for the court to rule in favor of Morse Brothers, reaffirming the longstanding protections of agricultural land use in Massachusetts and ensuring that towns cannot impose undue burdens on cranberry farmers or other agricultural businesses.
Read the full brief here: .Morse Brothers, Inc. v. Town of Halifax Memorandum of Law of Amicus Curiae New England Legal Foundation
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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.