Kearsarge Walpole LLC v. Zoning Board of Appeals of
Walpole involved a dispute over where a large-scale solar
array could be placed in Walpole, Massachusetts. In
Kearsarge, a solar developer (Kearsarge), along with
Norfolk County Agricultural High School (Norfolk Aggie), and
Norfolk County, entered into an agreement to construct a solar
facility on the Norfolk Aggie campus, which is located in
Walpole's rural residential zoning district.
Kearsarge applied to the Walpole building commissioner for a
building permit. The commissioner denied the permit, deeming the
project a nonconforming use under Walpole's zoning bylaw. The
Walpole Planning Board upheld the commissioner's decision,
finding that the project was a nonconforming use and did not
qualify for any exception from the Walpole zoning bylaw, which
established that large-scale solar facilities be located within
certain overlay districts. Kearsarge appealed to the Land Court,
arguing that the project was exempt
