Legal Opinion

Talmo v. Zoning Board of Appeals of Framingham

Massachusetts Appeals Court

Decided July 24, 2018No. AC 17-P-438PublishedCited by 9 opinions

1Opinion of the CourtHenry, J.

*1191 *626 In this zoning appeal, we must decide whether the trial judge could determine sua sponte that a direct abutter's presumptive standing was rebutted where the defendants did not *627 press the issue at trial. We conclude that the judge properly reached the question and affirm the judgment of dismissal.

Background . The defendants Carleton J. Buckley and Heidi Pihl-Buckley (collectively, the Buckleys) reside at 30 Nixon Road, Framingham, in a converted barn located on the same lot as Heidi's parents' single-family home. 2 The barn was constructed in 1971 and used as a horse stable and then as…

2Cases cited23 opinions

  1. Marashlian v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 1996
  2. Barvenik v. Board of Aldermen of NewtonMassachusetts Appeals Court · 1992
  3. Watros v. Greater Lynn Mental Health & Retardation Ass'nMassachusetts Supreme Judicial Court · 1995
  4. Litton Business Systems, Inc. v. Commissioner of RevenueMassachusetts Supreme Judicial Court · 1981
  5. Marotta v. Board of Appeals of RevereMassachusetts Supreme Judicial Court · 1957

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3Cited by9 opinions

  1. Montgomery v. Bd. of Selectmen of NantucketMassachusetts Appeals Court · 2019
  2. Gao v. SilvaMassachusetts Land Court · 2021
  3. Ho v. Winchester Boat ClubMassachusetts Land Court · 2021
  4. Lazarek v. Bd. of Appeals of Manchester-By-The-SeaMassachusetts Appeals Court · 2019
  5. Pobeda RT II, LLC v. Zoning Board of Appeals of WatertownMassachusetts Appeals Court · 2024

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