Legal Opinion

Durkin v. Board of Appeals of Falmouth

Massachusetts Appeals Court

Decided January 21, 1986PublishedCited by 7 opinions

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

  1. King Resources Co. v. Environmental Improvement CommissionSupreme Judicial Court of Maine · 1970
  2. United States v. City of ChesterCourt of Appeals for the Third Circuit · 1944
  3. Vokes v. Avery W. Lovell, Inc.Massachusetts Appeals Court · 1984
  4. Town of Coventry v. GlickmanSupreme Court of Rhode Island · 1981
  5. State v. Stonybrook, Inc.Supreme Court of Connecticut · 1962

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

3Cited by7 opinions

  1. Bruno v. Board of AppealsMassachusetts Appeals Court · 2004
  2. Fabiano v. Boston Redevelopment AuthorityMassachusetts Appeals Court · 2000
  3. United States Postal Service v. Town of GreenwichDistrict Court, D. Connecticut · 1995
  4. Breeze v. Town of BethlehemNew York Supreme Court · 1991
  5. Gund v. Planning Board of CambridgeMassachusetts Appeals Court · 2017

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

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