· 8/3/1992
Barvenik v. Board of Aldermen of Newton
Citations
- 597 N.E.2d 48
- 33 Mass. App. Ct. 129
- 1992 Mass. App. LEXIS 684
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- standing decisions “have not explicitly addressed the issue of the amount or nature of the defendant’s evidence required” to rebut presumption
- suggesting allegations of traffic increases, if supported by credible evidence, are sufficient to show standing in non-commercial context
- referring specifically to the presumption in behalf of “abutters to abutters”
- injury must be “special and different from the concerns of the rest of the community”
- even when positing legitimate concerns, plaintiff must offer more than conjecture and hypothesis to be aggrieved person
- injury claimed by plaintiff must be “special and different from the concerns of the rest of the community”
Source: CourtListener parenthetical corpus (CC0).
Judges: Armstrong, Perretta, Laurence
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.