Jenkins v. Town of Pepperell
Massachusetts Appeals Court
1Opinion of the CourtBrown, J.
This case involves the plaintiff Jenkins’ efforts to determine the zoning that applied to land that he owned in the town of Pepperell. Jenkins brought an action in the Land Court pursuant to G. L. c. 240, § 14A, seeking a declaration that the zoning was invalid as applied to his land. The Land Court judge ruled that the zoning boundary was fatally indefinite and entered judgment declaring Jenkins’ property to be unzoned. We concur with the conclusion of indefiniteness but think that the judge erred as to the consequences which flow from that determination.
Drawing on the judge’s findings,…
2Cases cited11 opinions
- Auditorium, Inc. v. Board of Adjustment of Mayor & Council of WilmingtonSuperior Court of Delaware · 1952
- O'Connell v. City of Brockton Board of AppealsMassachusetts Supreme Judicial Court · 1962
- Ciaffone v. Community Shopping Corp.Supreme Court of Virginia · 1953
- Fogelman v. Town of ChathamMassachusetts Appeals Court · 1983
- Maki v. Town of YarmouthMassachusetts Supreme Judicial Court · 1960
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3Cited by3 opinions
- Commonwealth v. JaffeMassachusetts Supreme Judicial Court · 1986
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- Bruni v. Planning BoardMassachusetts Appeals Court · 2009