Legal Opinion

Preston v. Board of Appeals

Massachusetts Appeals Court

Decided March 30, 2001No. 98-P-1266PublishedCited by 24 opinions

1Opinion of the CourtBeck, J.

The plaintiff owns two vacant contiguous lots in Hull, neither of which complies with the current zoning by-law. She appeals from a Superior Court judgment affirming the denial of her application for a building permit for one of the lots. The building commissioner, upheld by a decision of the board of appeals of Hull, denied the plaintiff’s application on the ground that under a long-standing zoning principle, the two noncom*237plying lots had merged into a single conforming lot. See Planning Bd. of Norwell v. Serena, 27 Mass. App. Ct. 689, 690 (1989), S.C., 406 Mass. 1008 (1990); Asack v. Board…

2Cases cited32 opinions

  1. Green v. Wyman-Gordon Co.Massachusetts Supreme Judicial Court · 1996
  2. King v. Viscoloid Co.Massachusetts Supreme Judicial Court · 1914
  3. Adamowicz v. Town of IpswichMassachusetts Supreme Judicial Court · 1985
  4. Sturges v. Town of ChilmarkMassachusetts Supreme Judicial Court · 1980
  5. Commissioner of Revenue v. Cargill, Inc.Massachusetts Supreme Judicial Court · 1999

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3Cited by24 opinions

  1. Marinelli v. Board of AppealsMassachusetts Supreme Judicial Court · 2003
  2. Commonwealth v. ClarkMassachusetts Supreme Judicial Court · 2006
  3. Dwyer v. GalloMassachusetts Appeals Court · 2008
  4. Carabetta v. Board of AppealsMassachusetts Appeals Court · 2008
  5. Laurel Beach Ass'n v. Zoning Board of Appeals of MilfordConnecticut Appellate Court · 2001

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