· 7/7/1986
Murray v. Board of Appeals of Barnstable
Citations
- 494 N.E.2d 1364
- 22 Mass. App. Ct. 473
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- upholding a change of a nonconforming use to another nonconforming use where the local by-law, despite some ambiguities, was interpreted to permit the change
- fact that only one plaintiff among several was aggrieved person is sufficient for standing purposes to permit appeal from zoning board decision
- it was sufficient to permit an appeal from board’s decision that only one of the plaintiffs was an aggrieved person
- grant of permit to transform inn to apartment building where by-law was permissive; new use did not conflict with bylaw, and board made necessary finding
- “[W]e note that . . . [the bylaw] is ‘permissive in spirit’ in that it sanctions, by special permit, changes in nonconforming uses”
- abutters in single-family, one-acre zoning district had standing to challenge G. L. c. 40A special permit because of “legitimate interest in preserving the integrity of the district from the intrusion of multi-family housing”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dreben, Kaplan, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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