Legal Opinion

Benjamin v. Board of Appeals of Swansea

Massachusetts Supreme Judicial Court

Decided January 7, 1959PublishedCited by 12 opinions

1Opinion of the CourtSpalding, J.

This is a bill in equity under G. L. c. 40A, § 21, inserted by St. 1954, c. 368, § 2, by way of appeal from a decision of the board of appeals granting a variance to Shirley R. Angus to establish a restaurant on her property. The bill is brought by the owners of property in the neighborhood affected by the proposed variance. Shirley R. Angus was allowed to intervene as a party defendant. The judge made findings of material facts. A decree was entered that the decision of the board of appeals granting the variance, subject to certain limitations, be “confirmed” and that the requested variance…

2Cases cited14 opinions

  1. Prusik v. Board of AppealMassachusetts Supreme Judicial Court · 1928
  2. Real Properties, Inc. v. Board of AppealMassachusetts Supreme Judicial Court · 1946
  3. Everpure Ice Manufacturing Co. v. Board of AppealsMassachusetts Supreme Judicial Court · 1949
  4. Lambert v. Board of Appeals of LowellMassachusetts Supreme Judicial Court · 1936
  5. Tanzilli v. CasassaMassachusetts Supreme Judicial Court · 1949

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

3Cited by12 opinions

  1. Boston Edison Co. v. Boston Redevelopment AuthorityMassachusetts Supreme Judicial Court · 1977
  2. Cary v. Board of Appeals of WorcesterMassachusetts Supreme Judicial Court · 1960
  3. Planning Board of Springfield v. Board of Appeals of SpringfieldMassachusetts Supreme Judicial Court · 1969
  4. Coolidge v. Zoning Board of Appeals of FraminghamMassachusetts Supreme Judicial Court · 1962
  5. Shacka v. Board of Appeals of ChelmsfordMassachusetts Supreme Judicial Court · 1961

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

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