Legal Opinion
Duteau v. Zoning Board of Appeals
Massachusetts Appeals Court
Decided September 3, 1999No. 97-P-I979PublishedCited by 22 opinions
1Opinion of the CourtKass, J.
As presented to the Superior Court judge who heard and decided the case, the controversy was an appeal under G. L. c. 40A, § 17, from the allowance of a special permit by the zoning board of appeals of Webster (board). Upon analysis, no special permit was required. Rather, the question was whether the disputed use could be carried on as matter of right under the zoning by-law, or whether the by-law forbade the use, a question of interpretation for the board. The Superior Court judge decided the grant of the special permit had exceeded the board’s authority and annulled the grant. As the…
2Cases cited10 opinions
- Rollins Environmental Services, Inc. v. Superior CourtMassachusetts Supreme Judicial Court · 1975
- Pendergast v. Board of AppealsMassachusetts Supreme Judicial Court · 1954
- SCIT, Inc. v. Planning Board of BraintreeMassachusetts Appeals Court · 1984
- Neuhaus v. Building Inspector of MarlboroughMassachusetts Appeals Court · 1981
- McDonald's Corp. v. Town of SeekonkMassachusetts Appeals Court · 1981
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Wendy's Old Fashioned Hamburgers of New York, Inc. v. Board of AppealMassachusetts Supreme Judicial Court · 2009
- Valcourt v. Zoning Board of AppealsMassachusetts Appeals Court · 1999
- KCI Management, Inc. v. Board of AppealMassachusetts Appeals Court · 2002
- Deadrick v. Zoning Board of Appeals of ChathamMassachusetts Appeals Court · 2014
- Titcomb v. Board of AppealsMassachusetts Appeals Court · 2005
17 more not listed; retrieve them via the Exa API.