Legal Opinion

Sheppard v. Zoning Board of Appeal of Boston

Massachusetts Appeals Court

Decided March 7, 2012No. 10-P-2070PublishedCited by 6 opinions

1Opinion of the CourtMilkey, J.

On December 8, 1998, defendant zoning board of appeal of Boston (board) granted five variances to defendant Robert K. McGarrell to build a single-family home of a certain size and configuration on a lot he owned in the South Boston section of Boston. Plaintiff Alison Sheppard, an immediate abutter, filed an action challenging these variances pursuant to § 11 of the Boston zoning enabling act, St. 1956, c. 665, as amended through St. 1993, c. 461, § 5. She now appeals a decision by a Superior Court judge affirming the board’s actions. We reverse and remand for further proceedings consistent…

2Cases cited30 opinions

  1. United States v. Hector Rivera-Martinez, A/K/A El MenCourt of Appeals for the First Circuit · 1991
  2. Marashlian v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 1996
  3. Warren v. Zoning Board of Appeals of AmherstMassachusetts Supreme Judicial Court · 1981
  4. King v. DriscollMassachusetts Supreme Judicial Court · 1996
  5. Joseph L. Howard v. City of BeavercreekCourt of Appeals for the Sixth Circuit · 2002

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3Cited by6 opinions

  1. 81 Spooner Road, LLC v. Zoning Board of Appeals of BrooklineMassachusetts Supreme Judicial Court · 2012
  2. Bruno v. Zoning Board of Appeals of TisburyMassachusetts Appeals Court · 2018
  3. O'Connell v. VainisiMassachusetts Appeals Court · 2012
  4. Aiello v. Planning Board of BraintreeMassachusetts Appeals Court · 2017
  5. Fanning v. Bd. of Zoning Appeal of CambridgeMassachusetts Appeals Court · 2018

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