Legal Opinion

Lapidus v. Board of Appeal

Massachusetts Appeals Court

Decided May 30, 2001No. 99-P-746PublishedCited by 3 opinions

1Opinion of the CourtKantrowitz, J.

Some twenty-three years after the city of Boston issued a permit for the use of certain premises as a restaurant with entertainment, the plaintiff3 requested that the *724commissioner of the inspectional services department (commissioner) investigate the use and revoke the permit if the premises were not properly zoned for such use. Given “the Legislature’s desire for finality [in the appeals process],” Chiuccariello v. Building Commr. of Boston, 29 Mass. App. Ct. 482, 489 (1990), we conclude, in the facts and circumstances of this case, that the passage of twenty-three years precludes an appeal…

2Cases cited7 opinions

  1. Brady v. Board of Appeals of WestportMassachusetts Supreme Judicial Court · 1965
  2. Cape Resort Hotels, Inc. v. Alcoholic Licensing BoardMassachusetts Supreme Judicial Court · 1982
  3. Chilson v. Zoning Board of Appeal of AttleboroMassachusetts Supreme Judicial Court · 1962
  4. Vokes v. Avery W. Lovell, Inc.Massachusetts Appeals Court · 1984
  5. Emerson College v. City of BostonMassachusetts Supreme Judicial Court · 1984

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

3Cited by3 opinions

  1. Bruno v. Board of AppealsMassachusetts Appeals Court · 2004
  2. 311 West Broadway LLC v. Zoning Board of Appeals of BostonMassachusetts Appeals Court · 2016
  3. Barkan v. Zoning Bd. of Appeals of TruroMassachusetts Appeals Court · 2019

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