· 7/22/1981
Building Inspector of Attleboro v. Attleboro Landfill
Citations
- 423 N.E.2d 1009
- 384 Mass. 109
- 1981 Mass. LEXIS 1363
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- where statute requires final action within ninety days, decision must be made and filed within that period of time
- application for special permit constructively allowed when planning board failed to file decision with city clerk within ninety days, under statute requiring “final action” within that period
- constructive grant of special permit where permit granting authority failed to take final action on permit application by deciding and filing its decision within prescribed ninety day period
- construing and applying the constructive approval provisions of § 9
- “Once it is concluded that the permit granting authority must file its decision with the city clerk, it is difficult to conclude that such filing is not the last act required of the board on the permit application, and thus final action within the meaning of the statute”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hennessey, Wilkins, Abrams, Nolan, Lynch
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.