Legal Opinion

Sheehan v. Zoning Board of Appeals

Massachusetts Appeals Court

Decided November 3, 2005No. 04-P-1032PublishedCited by 15 opinions

1Opinion of the CourtArmstrong, C.J.

The zoning board of appeals of Plymouth (board) granted Gladstone Development Corporation (Glad*53stone) a special permit to build a condominium complex on a site bordering Plymouth harbor. The plaintiff Sheehan, as trustee of Eight Mates Trust, a neighboring property owner, appealed the grant of the permit under G. L. c. 40A, § 17. The judge affirmed the board’s decision, further concluding that Sheehan brought her action in bad faith. He awarded Gladstone legal but not actual costs3 incurred in defending the action. The case is before us on Sheehan’s appeal from the judgment and on Gladstone’s…

2Cases cited36 opinions

  1. Marashlian v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 1996
  2. Barvenik v. Board of Aldermen of NewtonMassachusetts Appeals Court · 1992
  3. Josephs v. Board of Appeals of BrooklineMassachusetts Supreme Judicial Court · 1972
  4. United States v. Aris Maria, AKA Luis A. RiveraCourt of Appeals for the Second Circuit · 1999
  5. Waldman v. American Honda Motor Co.Massachusetts Supreme Judicial Court · 1992

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3Cited by15 opinions

  1. Kenner v. Zoning Board of Appeals of ChathamMassachusetts Supreme Judicial Court · 2011
  2. Elles v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 2008
  3. Marhefka v. Zoning Board of Appeals of SuttonMassachusetts Appeals Court · 2011
  4. Choate v. Zoning Board of AppealsMassachusetts Appeals Court · 2006
  5. Bruno v. Zoning Board of Appeals of TisburyMassachusetts Appeals Court · 2018

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