Legal Opinion

Scott v. Board of Appeal of Wellesley

Massachusetts Supreme Judicial Court

Decided June 5, 1969PublishedCited by 12 opinions

1Opinion of the CourtWhittemore, J.

The Wellesley board of appeal and the judge in the Superior Court ruled that a permit for a swimming pool at 69 Forest Street, Wellesley, in the side and front yards of the residence of the plaintiffs, Dana W. Scott and Lois L. Scott, was issued in violation of the zoning by-law. He ruled that under the by-law the pool is a “structure” requiring front and side yards.

The swimming pool as constructed in accordance with the permit is at the side of the Scott house and between it and the property of the defendants James H. and Mary T. Odell at 63 Forest Street. Its easterly or front end wall is…

2Cases cited6 opinions

  1. Cullen v. Building Inspector of North AttleboroughMassachusetts Supreme Judicial Court · 1968
  2. Nash v. CommonwealthMassachusetts Supreme Judicial Court · 1899
  3. Joseph E. Bennett Co. Inc. v. Fireman's Fund Ins. Co.Massachusetts Supreme Judicial Court · 1962
  4. Williams v. Inspector of Buildings of BelmontMassachusetts Supreme Judicial Court · 1960
  5. Jenney v. HynesMassachusetts Supreme Judicial Court · 1934

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

3Cited by12 opinions

  1. Casasanta v. Zoning Board of Appeals of MilfordMassachusetts Supreme Judicial Court · 1979
  2. Globe Newspaper Co. v. Beacon Hill Architectural CommissionMassachusetts Supreme Judicial Court · 1996
  3. Corter v. Zoning Board of Appeals for the Village of FredoniaAppellate Division of the Supreme Court of the State of New York · 1974
  4. Burwick v. Zoning Board of Appeals of WorcesterMassachusetts Appeals Court · 1974
  5. Spalke v. Board of Appeals of PlymouthMassachusetts Appeals Court · 1979

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

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