Skip to main content
· 4/4/1973

Belfer v. Building Commissioner of Boston

Citations

  • 294 N.E.2d 857
  • 363 Mass. 439
  • 1973 Mass. LEXIS 411

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • appeal from variance creates real practical impediments to use of benefit and unless appeal tolls time period variance remains effective, many variances would be meaningless
  • period during which variance must be exercised tolled during appeal from decision of board granting the variance
  • period during which variance must be exercised tolled during appeal from decision of board granting the variance
  • even where permit not formally denied, actual controversy exists “as long as the permit granting authority had unequivocally stated” its intention to deny
  • two-year period in which variance had to be used under zoning code tolled where appeal from granting of variance created “real practical impediments to use of a [variance]”
  • failure to give relief from the time limitations for construction imposed by the terms of the variance could result in frustration of a lawfully awarded variance by the delay inherent in an appeal

Source: CourtListener parenthetical corpus (CC0).

Judges: Tauro, Reardon, Quirico, Hennessey, Kaplan

Read full opinion on CourtListener

Sourced 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.