Legal Opinion
Eisai, Inc. v. Housing Appeals Committee
Massachusetts Appeals Court
Decided June 20, 2016No. AC 15-P-680PublishedCited by 3 opinions
1Opinion of the CourtMassing, J.
This appeal concerns the standards that defendant housing appeals committee (HAC) applies when it reviews the decision of a local zoning board of appeals to deny an application under the Comprehensive Permit Act, G. L. c. 40B, §§ 20-23 (act), based on municipal planning concerns.
The plaintiffs, owners and lessors of commercial and industrial properties neighboring the proposed housing development (hereinafter, abutters or, in context, interveners), appeal from a judgment of the Superior Court affirming the HAC’s decision directing the zoning board of appeals for the town of Andover (board) to…
2Cases cited19 opinions
- Board of Appeals of Hanover v. Housing Appeals Comm.Massachusetts Supreme Judicial Court · 1973
- Ginther v. Commissioner of InsuranceMassachusetts Supreme Judicial Court · 1998
- Arthurs v. Board of Registration in MedicineMassachusetts Supreme Judicial Court · 1981
- Barvenik v. Board of Aldermen of NewtonMassachusetts Appeals Court · 1992
- Watros v. Greater Lynn Mental Health & Retardation Ass'nMassachusetts Supreme Judicial Court · 1995
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3Cited by3 opinions
- Town of Milton Zoning Board of Appeals v. the Massachusetts Housing Appeals CommitteeMassachusetts Land Court · 2021
- Zoning Bd. of Appeals of Woburn v. Hous. Appeals Comm.Massachusetts Appeals Court · 2017
- Zoning Board of Appeals of Hanover v. Housing Appeals CommitteeMassachusetts Appeals Court · 2016