· 12/10/1993
Cohen v. Zoning Board of Appeals of Plymouth
Citations
- 624 N.E.2d 119
- 35 Mass. App. Ct. 619
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that conclusory assertions of increased traffic, without evidence of specific injury to abutter's property, was insufficient to confer standing on abutter
- concluding that the affidavit of a professional traffic engineer, which contained only general conclusory statements purporting to address the plaintiffs claims of adverse effect of the construction of a shopping center, was insufficient to allow standing
- “in a multiple party appeal it is only necessary to determine whether any one plaintiff is aggrieved in order to determine the standing issue”
- deponents’ inability to “articulate whether or how the plaintiffs would be injured” were not conclusive but caused presumption of standing “to recede”
- \general and conclusory allegations of the affidavit cannot be 6 transformed by inference into genuine triable issues\
- “[T]he general and conclusory allegations of the affidavit cannot be transformed by inference into genuine triable issues”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kaplan, Jacobs, Ireland
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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