Legal Opinion

RCA Dev., Inc. v. Zoning Bd. of Appeals of Brockton

Massachusetts Supreme Judicial Court

Decided May 1, 2019No. SJC-12619PublishedCited by 1 opinion

1Opinion of the CourtLowy, J.

**156We are called upon to determine whether a building permit should have been issued for a lot in Brockton. In 1964, the lot at issue was part of a lot that was divided in half by its owner in two separate conveyances without any plan presented to the local planning board. If a division constitutes a subdivision, there is a statutory requirement that it be approved by the planning board. The questions we must answer are first, whether the 1964 division was a subdivision under the subdivision control law and Brockton's zoning ordinance, and if not, was there a requirement that the division…

2Cases cited7 opinions

  1. School Comm. of Greenfield v. Greenfield Educ. Ass'nMassachusetts Supreme Judicial Court · 1982
  2. M.P.M. Builders, LLC v. DwyerMassachusetts Supreme Judicial Court · 2004
  3. 81 Spooner Road, LLC v. Zoning Board of Appeals of BrooklineMassachusetts Supreme Judicial Court · 2012
  4. Sharris v. CommonwealthMassachusetts Supreme Judicial Court · 2018
  5. Ciani v. MacGrathMassachusetts Supreme Judicial Court · 2019

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. ROBERT D. FRATUS, JR. v. TOWN OF HARWICH & others.Massachusetts Appeals Court · 2021

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