Legal Opinion

Jenkins v. Gale

Massachusetts Superior Court

Decided May 30, 2007No. 04475Published

1Opinion of the Court

Nickerson, Gary A., J.

This action is an appeal from the decision of the Falmouth Zoning Board of Appeals granting to Gail Ellis Gale permission to build a single-family home on land bordering on Jenkins Pond. The case was tried January 10 and 11, 2007.1 Based on all the credible evidence the court enters the following findings of fact.

FINDINGS OF FACT

Jenkins Pond is one of several lovely fresh water ponds strewn across the Falmouth landscape by the retreating glacier at the end of the last Ice Age. During the last fifty years, the neighborhood known as Pinecr-est Beach has grown up around the…

2Cases cited5 opinions

  1. Green v. Board of Appeal of NorwoodMassachusetts Supreme Judicial Court · 1970
  2. North Shore Realty Trust v. CommonwealthMassachusetts Supreme Judicial Court · 2001
  3. Sheehan v. Zoning Board of AppealsMassachusetts Appeals Court · 2005
  4. Martin v. Building InspectorMassachusetts Appeals Court · 1995
  5. Barlow v. Planning BoardMassachusetts Appeals Court · 2005

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