MacGibbon v. Board of Appeals of Duxbury

How courts have described this case

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

• decision of board “cannot be disturbed unless it is based on a legally untenable ground, or is unreasonable, whimsical, capricious or arbitrary”
• board did not provide an adequate statement of its reasons for denying the special permit and committed numerous errors of law in the process
• board did not provide an adequate statement of its reasons for denying the special permit and committed numerous errors of law in the process
• board of appeals could not adopt interpretation of by-law where its plain language provided \no basis for such an interpretation\
• board of appeals could not adopt interpretation of by- law where its plain language provided \no basis for such an interpretation\
• a court “must affirm the board’s decision unless it finds that denial of the application was ‘based on a legally untenable ground, or [was] unreasonable, whimsical, capricious or arbitrary’ ”

Source: CourtListener parenthetical corpus (CC0).