Pelullo v. Croft
Massachusetts Appeals Court
1Opinion of the Court
The meaning of the term lot depth as used in the by-law “is a question of law ... to be determined by the ordinary principles of statutory construction.” Framingham Clinic, Inc. v. Zoning Bd. of Appeals of Framingham, 382 Mass. 283, 290 (1981). Here, the by-law specifically states that undefined terms “shall have their ordinarily accepted meanings or such as the context may imply.” This provision is not a license to give undefined terms in a municipal by-law a meaning that suits the personal views of those charged with its enforcement. Rather, in such cases an undefined term like lot depth…
2Cases cited11 opinions
- Flint v. Commissioner of Public WelfareMassachusetts Supreme Judicial Court · 1992
- Commonwealth v. Zone Book, Inc.Massachusetts Supreme Judicial Court · 1977
- Framingham Clinic, Inc. v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 1981
- Britton v. Zoning Board of AppealsMassachusetts Appeals Court · 2003
- Shirley Wayside Ltd. Partnership v. Board of Appeals of ShirleyMassachusetts Supreme Judicial Court · 2012
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sinaiko v. Zoning Bd. of Appeals of ProvincetownMassachusetts Appeals Court · 2018
- 27 Ramsdell Ave., LLC v. BrownMassachusetts Appeals Court · 2018
- 92 Montvale, LLC v. Zoning Bd. of Appeals of StonehamMassachusetts Appeals Court · 2018
- Fannie Mae v. BranchMassachusetts Supreme Judicial Court · 2024
- Filippova v. Frmingham Zoning Board of AppealsMassachusetts Land Court · 2021
5 more not listed; retrieve them via the Exa API.