Legal Opinion

Barlow v. Planning Board

Massachusetts Appeals Court

Decided August 22, 2005No. 04-P-663PublishedCited by 5 opinions

1Opinion of the CourtDreben, J.

This appeal by the trustees is from a decision of the Land Court upholding the refusal of the planning board of Wayland to approve their proposed site plan for lot 20 in a conservation cluster development (CCD).4 The trustees chal*315lenge the judge’s consideration of the planning board’s action under the standard of review applicable to a special permit and argue that even if that standard applies, the planning board’s refusal was arbitrary, capricious, or based on legally untenable grounds. We affirm.

1. Background. On September 14, 1992, the planning board granted the trustees a special permit…

2Cases cited13 opinions

  1. Britton v. Zoning Board of AppealsMassachusetts Appeals Court · 2003
  2. Davis v. Zoning Board of ChathamMassachusetts Appeals Court · 2001
  3. Subaru of New England v. BD. OF APPEALS, CANTONMassachusetts Appeals Court · 1979
  4. SCIT, Inc. v. Planning Board of BraintreeMassachusetts Appeals Court · 1984
  5. Prudential Insurance Co. of America v. Board of Appeals of WestwoodMassachusetts Appeals Court · 1986

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

3Cited by5 opinions

  1. Wendy's Old Fashioned Hamburgers of New York, Inc. v. Board of AppealMassachusetts Supreme Judicial Court · 2009
  2. SAMUEL D. PERRY v. BOARD OF APPEAL OF BOSTON & another.Massachusetts Appeals Court · 2021
  3. Jenkins v. GaleMassachusetts Superior Court · 2007
  4. Magane v. ConcannonMassachusetts Superior Court · 2006
  5. Winchester Boat Club, Inc. v. Zoning Board of Appeals of WinchesterMassachusetts Land Court · 2021

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