Legal Opinion

Maselbas v. Zoning Board of Appeals

Massachusetts Appeals Court

Decided June 11, 1998No. 96-P-2078Published

1Opinion of the CourtKaplan, J.

The North Attleborough building inspector granted Jane and William Bowness a permit to build a structure containing a garage and swimming pool. The structure and its use qualified, according to the inspector, as “accessory” to the Bownesses’ existing nonconforming home on the same lot. Edwin Maselbas, owner of an adjacent property, appealed the building inspector’s action to the zoning board of appeals, which upheld it.2 Maselbas commenced the present suit in Superior Court for judicial review of the zoning board’s decision. G. L. c. 40A, § 17. A judge of that court allowed the Bownesses’…

2Cases cited11 opinions

  1. Lawrence v. Zoning Board of AppealsSupreme Court of Connecticut · 1969
  2. Town of Harvard v. MaxantMassachusetts Supreme Judicial Court · 1971
  3. Inspector of Buildings of Burlington v. MurphyMassachusetts Supreme Judicial Court · 1946
  4. Vokes v. Avery W. Lovell, Inc.Massachusetts Appeals Court · 1984
  5. Carney v. City of BaltimoreCourt of Appeals of Maryland · 1952

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