· 1/9/1981
Framingham Clinic, Inc. v. Zoning Board of Appeals
Citations
- 415 N.E.2d 840
- 382 Mass. 283
- 1981 Mass. LEXIS 1052
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- a clinic providing gynecological services, including abortion, held a permitted use in a district permitting both physician's professional offices and private hospitals
- on motion for summary judgment, movants’ credible evidence must be accepted as true when opposing party does not offer counter-affidavits or other evidentiary material contesting the evidence
- “Specific provisions of a zoning enactment are to be read in the context of the law as a whole, giving the language its common and approved meaning . . .”
- in absence of express definition, meaning of word or phrase in zoning enactment should be derived “from sources presumably known to enactors, such as their use in other legal contexts and dictionary definitions”
- medical clinic that fell somewhere between hospitals and professional offices on spectrum of medical uses held to be allowed as of right under zoning provisions which allowed both hospitals and professional offices as of right in the relevant zoning district
Source: CourtListener parenthetical corpus (CC0).
Judges: Hennessey, Quirico, Kaplan, Liacos, Abrams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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