Legal Opinion

Martin v. Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints

Massachusetts Supreme Judicial Court

Decided May 16, 2001PublishedCited by 23 opinions

1Opinion of the CourtMarshall, C.J.

May the Church of Jesus Christ of Latter-Day Saints (church) build a steeple atop its new temple on the highest hill of Belmont where the proposed steeple would rise higher than the dimensional requirements of the applicable Belmont zoning bylaw? The board of appeals of Belmont (board) said yes, but its decision was annulled by a judge in the Superior Court. The church appealed, and we granted its application for direct appellate review.2

The church’s planned temple in Belmont complied with all zoning bylaws but for the height of its proposed steeple: the steeple would rise eighty-three feet…

2Cases cited18 opinions

  1. Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
  2. Fowler v. Rhode IslandSupreme Court of the United States · 1953
  3. Marashlian v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 1996
  4. Circle Lounge & Grille, Inc. v. Board of AppealMassachusetts Supreme Judicial Court · 1949
  5. Save the Bay, Inc. v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 1975

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3Cited by23 opinions

  1. Kenner v. Zoning Board of Appeals of ChathamMassachusetts Supreme Judicial Court · 2011
  2. Denneny v. Zoning Board of AppealsMassachusetts Appeals Court · 2003
  3. Nickerson v. Zoning Board of AppealsMassachusetts Appeals Court · 2002
  4. Sheehan v. Zoning Board of AppealsMassachusetts Appeals Court · 2005
  5. Sweenie v. A.L. Prime Energy ConsultantsMassachusetts Supreme Judicial Court · 2008

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

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