· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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