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Legal Opinion

Barvenik v. Board of Aldermen of Newton

Massachusetts Appeals Court

Decided August 3, 1992No. 90-P-503PublishedCited by 96 opinions

1Opinion of the CourtLaurence, J.

Various Newton property owners living near the site of the former St. Sebastian’s School, now owned by The Green Company, Inc. (Green), filed a complaint in the Land Court, pursuant to G. L. c. 40A, § 17, seeking to annul a special permit granted to Green by the board of aldermen of the city of Newton. All of the plaintiffs reside in a Single Residence 2 district in Newton adjacent to the locus at issue in this case; the locus is in a Multi-Residence 3 (two-family residence) district. 2

The special permit authorized Green to construct 114 housing units on the Newton portion of the site,…

2Cases cited20 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Sierra Club v. MortonSupreme Court of the United States · 1972
  3. Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
  4. United States v. Students Challenging Regulatory Agency Procedures (SCRAP)Supreme Court of the United States · 1973
  5. Circle Lounge & Grille, Inc. v. Board of AppealMassachusetts Supreme Judicial Court · 1949

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3Cited by96 opinions

  1. Marashlian v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 1996
  2. Watros v. Greater Lynn Mental Health & Retardation Ass'nMassachusetts Supreme Judicial Court · 1995
  3. Standerwick v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 2006
  4. Bell v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 1999
  5. 81 Spooner Road, LLC v. Zoning Board of Appeals of BrooklineMassachusetts Supreme Judicial Court · 2012

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