Legal Opinion

Mullin v. Planning Board of Brewster

Massachusetts Appeals Court

Decided November 30, 1983PublishedCited by 20 opinions

1Opinion of the CourtRose, J.

The principal issue raised on appeal is whether four members of the Brewster planning board (board) properly voted to issue a special permit to the defendant Bay Colony Property Co., Inc. (Bay Colony). The board is comprised of seven full time members and no alternates. It is designated as the town of Brewster’s special permit granting authority (Authority) under G. L. c. 40A, § 9, as amended through St. 1980, c. 508, § 5.

In May of 1981, Bay Colony formally applied for a special permit to construct a planned unit development (PUD) 3 in the town of Brewster. A public hearing was held in July,…

2Cases cited14 opinions

  1. Boston Edison Co. v. Board of Selectmen of ConcordMassachusetts Supreme Judicial Court · 1968
  2. Milligan v. Board of Registration in PharmacyMassachusetts Supreme Judicial Court · 1965
  3. Hayeck v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1957
  4. Morgan v. BanasMassachusetts Supreme Judicial Court · 1954
  5. Building Inspector of Attleboro v. Attleboro LandfillMassachusetts Supreme Judicial Court · 1981

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3Cited by20 opinions

  1. Arthur D. Little, Inc. v. Commissioner of Health & HospitalsMassachusetts Supreme Judicial Court · 1985
  2. Building Inspector of Mansfield v. CurvinMassachusetts Appeals Court · 1986
  3. McElderry v. Planning BoardMassachusetts Supreme Judicial Court · 2000
  4. Krafchuk v. Planning Board of IpswichMassachusetts Supreme Judicial Court · 2009
  5. Cameron v. DivirgilioMassachusetts Appeals Court · 2002

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

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