- Feb 5, 2002
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“Grandfathering” is often used to explain why new zoning rules do not apply to existing buildings
A Massachusetts appeals court says the term “grandfathering” will no longer be used in its decisions, citing its origin in post-Civil War laws that prevented Black people from exercising their right to vote.
A three-judge panel made the decision during a case involving a zoning feud between two neighbors in Gloucester. “Grandfathering” is often used to explain why new zoning rules do not apply to existing buildings.
“Providing such protection commonly is known — in the case law and otherwise — as ‘grandfathering.’ We decline to use that term, however, because we acknowledge that it has racist origins,’’ Judge James R. Milkey wrote in a footnote for the state’s second-highest court.
Continued below.
'Grandfathering' to no longer be used due to 'racist origins', says Massachusetts appeal court
A Massachusetts appeals court says the term “grandfathering” will no longer be used in its decisions, citing its origin in post-Civil War laws that prevented Black people from exercising their right to vote.
A three-judge panel made the decision during a case involving a zoning feud between two neighbors in Gloucester. “Grandfathering” is often used to explain why new zoning rules do not apply to existing buildings.
“Providing such protection commonly is known — in the case law and otherwise — as ‘grandfathering.’ We decline to use that term, however, because we acknowledge that it has racist origins,’’ Judge James R. Milkey wrote in a footnote for the state’s second-highest court.
Continued below.
'Grandfathering' to no longer be used due to 'racist origins', says Massachusetts appeal court
