Facts: Plaintiff Regis College is a private,
non-profit educational institution offering undergraduate, graduate, and
continuing education in Weston, MA. Regis plans to expand its current campus by
adding a development (“Regis East”) for residential elder education. Regis East
students would live in residential units on the new campus and enroll in at
least two academic courses per semester. These students are expected to average
75 years of age upon admission and undergo an application and interview process
to be accepted into the program. Regis envisions a high degree of coordination
between the existing and new campuses, and highlighted the new campus’s
potential to provide clinical placements for existing nursing students.
Procedural Posture: Regis College petitioned
the Weston zoning board for relief from certain zoning regulations, claiming an
exemption from the regulations under the Dover Amendment, G.L. c. 40A, § 3,
second par., which applies to nonprofit educational institutions that use land
for educational purposes. The board denied the petition partially on the
grounds that it did not have authority to decide the matter, and after Regis
College obtained a judgment from the Land Court that the board did indeed have
jurisdiction, the board again denied the petition on the merits. An appeal to
the Land Court resulted in a summary judgment against Regis College on the
grounds that the proposed development would not serve a primarily educational purpose
and thus did not qualify for a Dover Amendment exemption.
Standard of Review: The appellate court
reviews a decision on summary judgment de
novo. Summary judgment is only appropriate when the evidence, viewed in the
light most favorable to the non-moving party, reveals no material facts in
dispute and that the moving party is entitled to judgment as a matter of law.
Issue #1: What is the scope of the “educational
purposes” requirement in the Dover Amendment?
The court
noted that its precedent supports a broad reading of the Dover Amendment. The
statute covers nontraditional and unconventional educational regimes, though
they are subject to two limitations. First,
the land and structures proposed must be used for a purpose that is
educationally significant, though not necessarily traditional; previous SJC
cases have allowed facilities that provide vocational and independent living
education to disabled adults. Second,
education must be the primary purpose of the proposed development. As the Dover
Amendment can provide significant financial benefit to a land developer, the
court must ensure that the educational purpose proposed is not a mere add-on
instituted solely to obtain the favorable zoning exemption.
Turning to
the facts of this case, the court found that Regis College’s plans for its
proposed development that consistent with the requirements of the Dover
Amendment. The city, the defendant in this case, challenged the plans on the
grounds that the educational component of the proposed development was vague,
unspecific, and secondary to the residential and recreational purposes. It also
challenged the operability of the plan and the sincerity of the Regis College
administration in strictly enforcing the academic requirements among the
residents. However, the court noted that the question of whether
Regis College honestly planned to operate an educational facility as it claimed
involved credibility and reliability determinations inappropriate at the
summary judgment stage. These were questions for the ultimate trier of fact.
Judgment: Grant of summary judgment for the
defendant Town of Weston is vacated and the matter is remanded to the Land
Court. (GC)
