Legal Opinion

MacGibbon v. Board of Appeals of Duxbury

Massachusetts Supreme Judicial Court

Decided January 9, 1976PublishedCited by 41 opinions

1Opinion of the CourtBraucher, J.

The plaintiffs appeal for the third time from a denial by the board of appeals (board) of the town of Duxbury (town) of a special permit to excavate and fill certain portions of their coastal marshland. MacGibbon v. Board of Appeals of Duxbury, 347 Mass. 690 (1964) (MacGibbon I). MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635 (1970) (MacGibbon II). For the third time we hold that the decision of the board must be annulled. This time the board is to be directed to grant the permit applied for, subject to appropriate conditions and safeguards to be specified by the board for the sole…

2Cases cited17 opinions

  1. MacGibbon v. Board of Appeals of DuxburyMassachusetts Supreme Judicial Court · 1970
  2. Josephs v. Board of Appeals of BrooklineMassachusetts Supreme Judicial Court · 1972
  3. Turnpike Realty Co. v. Town of DedhamMassachusetts Supreme Judicial Court · 1972
  4. Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1974
  5. Roberts-Haverhill v. City Coun. of HaverhillMassachusetts Appeals Court · 1974

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

3Cited by41 opinions

  1. Lovequist v. Conservation Commission of DennisMassachusetts Supreme Judicial Court · 1979
  2. Subaru of New England v. BD. OF APPEALS, CANTONMassachusetts Appeals Court · 1979
  3. Wendy's Old Fashioned Hamburgers of New York, Inc. v. Board of AppealMassachusetts Supreme Judicial Court · 2009
  4. Fairbairn v. Planning Board of BarnstableMassachusetts Appeals Court · 1977
  5. Nantucket Land Coun. v. Planning Bd., NantucketMassachusetts Appeals Court · 1977

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

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