The Superior Court has ruled that Westwood Land Trust did not violate the Conservation Restriction for 665 Clapboardtree Street (also known as Prout Farm or Clapboardtree Meadow), when the Trust denied the Town of Westwood's request to permit a third party to commercially fam the land.
The court's opinion, dated May 7, 2026, was posted to the Massachusetts Courts electronic docket filing system on May 18.
The court agreed with the Town of Westwood that under the Conservation Restriction, the Trust cannot place a blanket prohibition on all agricultural uses of the land. However, the court also ruled that the Trust did not violate the CR. The court found that the Trust did not violate the Conservation Restriction when it denied the town's request to allow a third party to commercially farm and derive private benefit from land, when the land was intended to be a public resource.
"The unambiguous purpose of the Conservation Restriction was to preserve the Premises for the public not for the benefit of a third-party commercial agricultural operation," wrote Associate Justice Rosemary Connolly.
In dismissing the request by the Town of Westwood through Select Board, to force the Trust to permit agricultural uses as proposed, the Court stated, "The court hereby declares that while the Trust cannot categorically prohibit all agricultural uses of the Premises, the Trust's denial only of the Town's request at issue here, that is to essentially allow a third-party to commercially farm the land, did not violate the Conservation Restriction."
A copy of the court's opinion is attached to the bottom of this post.
Thanks to Lynne Viti for contributing reporting to this Westwood Minute article.
Sunny, with a high of 92 and low of 57 degrees. Sunny in the morning, clear overnight.
