Durkin v. Board of Appeals of Falmouth
Massachusetts Appeals Court
1Opinion of the CourtCutter, J.
Durkin owns over 22,000 square feet of land (the locus) in Falmouth (the town). The locus now lies in a residential zone, but is adjacent to a business zone. In 1959 the area had been classified as an agricultural zone. The area was changed to a residential zone in 1966.
In 1959, prior to the construction on the locus of a one-story building (to cover an area thirty-six feet deep and forty-six feet wide), the then owner applied for a building permit for a structure to be used as the North Falmouth post office, appar ently under a lease to the United States from the then owner. The record does…
2Cases cited11 opinions
- King Resources Co. v. Environmental Improvement CommissionSupreme Judicial Court of Maine · 1970
- United States v. City of ChesterCourt of Appeals for the Third Circuit · 1944
- Vokes v. Avery W. Lovell, Inc.Massachusetts Appeals Court · 1984
- Town of Coventry v. GlickmanSupreme Court of Rhode Island · 1981
- State v. Stonybrook, Inc.Supreme Court of Connecticut · 1962
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3Cited by7 opinions
- Bruno v. Board of AppealsMassachusetts Appeals Court · 2004
- Fabiano v. Boston Redevelopment AuthorityMassachusetts Appeals Court · 2000
- United States Postal Service v. Town of GreenwichDistrict Court, D. Connecticut · 1995
- Breeze v. Town of BethlehemNew York Supreme Court · 1991
- Gund v. Planning Board of CambridgeMassachusetts Appeals Court · 2017
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