Legal Opinion

Rosenfeld v. Zoning Board of Appeals of Mendon

Massachusetts Appeals Court

Decided January 28, 2011No. 10-P-341PublishedCited by 2 opinions

1Opinion of the CourtGreen, J.

On appeal from a summary judgment of the Superior Court, the plaintiffs claim error in the affirmance of a special permit issued by the defendant zoning board of appeals of Men-don (board) in favor of the defendant Gray Wolf Development Corporation (Gray Wolf), and in the conclusion that the plaintiffs are without standing, under G. L. c. 184, § 27, to enforce a deed restriction imposed on Gray Wolf’s land. 3 We conclude that the motion judge correctly affirmed the special permit, but that the plaintiffs are entitled to seek enforcement of the deed restriction.

Background. Gray Wolf owns a…

2Cases cited9 opinions

  1. Farley v. SpragueMassachusetts Supreme Judicial Court · 1978
  2. Commonwealth v. Woods Hole, Martha's Vineyard & Nantucket Steamship AuthorityMassachusetts Supreme Judicial Court · 1967
  3. Kirkwood v. Board of Appeals of RockportMassachusetts Appeals Court · 1984
  4. Steege v. Board of AppealsMassachusetts Appeals Court · 1988
  5. Cumberland Farms of Connecticut, Inc. v. Zoning Board of AppealMassachusetts Supreme Judicial Court · 1971

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3Cited by2 opinions

  1. Rawan v. MassadMassachusetts Appeals Court · 2011
  2. Kelley v. Cambridge Historical CommissionMassachusetts Appeals Court · 2013

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