Estate of Rubin v. Town of Norton (United States District Court for the District of Massachusetts)

The late Inna Rubin owned 5.5 acres of vacant land in Norton, Massachusetts. In 1997, Rubin applied for the approval of a definitive subdivision plan and two special permits for the property. The Norton Planning Board approved the application for a residential subdivision and one special permit but denied the special permit to allow a residential subdivision in the commercial district. There is evidence that the Planning Board’s inconsistent decisions were, in fact, based on personal and religious animus against Rubin’s daughter, who has been a vocal participant in town affairs. Rubin appealed to the superior court, which held that the Planning Board had acted in “extreme bad faith” and that its irreconcilable decisions on the two special permit applications were “nothing less than unreasonable, whimsical, capricious and arbitrary.”  Instead of issuing the permit, the Planning Board appealed the Superior Court order.  NELF, representing Rubin directly, commenced an action in the United States District Court for the District of Massachusetts to vindicate Rubin’s due process rights and secure damages for the harm caused by the Planning Board’s bad faith denial of the permit.  In October 2002 the Appeals Court dismissed the Planning Board’s appeal as unripe, noting with concern that the Planning Board’s appeal had caused delay and suggesting that if the Planning Board intended to deny the permit again, “any denial must be based on more solid ground” than its previous decision.  The Town of Norton immediately commenced settlement negotiations with NELF.  Under the terms of the settlement agreement, the Town has issued the permits and will pay attorney’s fees to NELF.