Legal Opinion

Cavanaugh v. DiFlumera

Massachusetts Appeals Court

Decided March 19, 1980PublishedCited by 11 opinions

1Opinion of the CourtGreaney, J.

A Superior Court judge annulled a variance granted by the board of appeals of Agawam which allowed Joseph J. and Jeannette A. DiFlumera to use their property on Southwick Street in Agawam (locus) for a general store despite its location in a Residence A-2 zoning district. The judge took a view and made careful and detailed findings of fact concerning each of the three conjunctive statutory requirements imposed by G. L. c. 40A, § 15 (as in effect prior to amendment by St. 1975, c. 808, § 3), 2 as prerequisites to the grant of a variance. Blackman v. Board of Appeals of Barnstable, 334 Mass.…

2Cases cited13 opinions

  1. Pendergast v. Board of AppealsMassachusetts Supreme Judicial Court · 1954
  2. Dion v. Board of Appeals of WalthamMassachusetts Supreme Judicial Court · 1962
  3. Bicknell Realty Co. v. Board of Appeal of BostonMassachusetts Supreme Judicial Court · 1953
  4. Tanzilli v. CasassaMassachusetts Supreme Judicial Court · 1949
  5. Blackman v. Board of Appeals of BarnstableMassachusetts Supreme Judicial Court · 1956

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

3Cited by11 opinions

  1. Arrigo v. Planning Board of FranklinMassachusetts Appeals Court · 1981
  2. Vaiarella v. Hanover InsuranceMassachusetts Supreme Judicial Court · 1991
  3. Kirkwood v. Board of Appeals of RockportMassachusetts Appeals Court · 1984
  4. 39 Joy Street Condominium Ass'n v. Board of AppealMassachusetts Supreme Judicial Court · 1998
  5. United States v. 176.10 Acres of Land, More or Less, Situated in the Towns of Truro & WellfleetDistrict Court, D. Massachusetts · 1983

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

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