Legal Opinion

Devine v. Zoning Board of Appeals of Lynn

Massachusetts Supreme Judicial Court

Decided March 2, 1955PublishedCited by 26 opinions

1Opinion of the CourtRonan, J.

This is a bill in equity by way of an appeal under G. L. (Ter. Ed.) c. 40, § 30, as appearing in St. 1933, c. 269, § 1, as amended, from a decision of the board of appeals of Lynn granting to one Fontaine a variance to permit him to construct and occupy an addition to the rear of his grocery and provision store located at the time the zoning ordinance was enacted and ever since in a district zoned for residential use. The final decree recited that the board of appeals did not exceed its authority in granting the variance and ordered that the decision of the board “be and hereby is affirmed. ”

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2Cases cited5 opinions

  1. Pendergast v. Board of AppealsMassachusetts Supreme Judicial Court · 1954
  2. Johnson's CaseMassachusetts Supreme Judicial Court · 1922
  3. Bicknell Realty Co. v. Board of Appeal of BostonMassachusetts Supreme Judicial Court · 1953
  4. Lambert v. Board of Appeals of LowellMassachusetts Supreme Judicial Court · 1936
  5. CO-RAY REALTY CO. INC. v. Board of Zoning AdjustmentMassachusetts Supreme Judicial Court · 1951

3Cited by26 opinions

  1. Josephs v. Board of Appeals of BrooklineMassachusetts Supreme Judicial Court · 1972
  2. Marotta v. Board of Appeals of RevereMassachusetts Supreme Judicial Court · 1957
  3. Dion v. Board of Appeals of WalthamMassachusetts Supreme Judicial Court · 1962
  4. Cullen v. Building Inspector of North AttleboroughMassachusetts Supreme Judicial Court · 1968
  5. Green v. Board of Appeal of NorwoodMassachusetts Supreme Judicial Court · 1970

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