Legal Opinion
Kirker v. Board of Appeals
Massachusetts Appeals Court
Decided July 30, 1992No. 90-P-1167PublishedCited by 5 opinions
1Opinion of the CourtArmstrong, J.
The Kirkers appeal from a judgment affirming a decision of the board of appeals of Raynham (board) denying permission to erect a steel garage or shed, fifty-nine by seventy-three feet, ostensibly for farming purposes. The district is zoned residential, but, while the Kirkers maintain a dwelling on the lot, they use most of it in connec*112tion with a construction business which operates as a nonconforming use.
In 1985 the Kirkers erected a shed, having obtained a building permit to do so. In an action by an abutter seeking enforcement of the zoning by-law, the Kirkers were ordered to dismantle the…
2Cases cited7 opinions
- Newbury Junior College v. Town of BrooklineMassachusetts Appeals Court · 1985
- Building Inspector of Mansfield v. CurvinMassachusetts Appeals Court · 1986
- Jackson v. Building Inspector of BrocktonMassachusetts Supreme Judicial Court · 1966
- McSorley v. Town of HancockMassachusetts Appeals Court · 1981
- Cumberland Farms of Connecticut, Inc. v. Zoning Board of AppealMassachusetts Supreme Judicial Court · 1971
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Day v. KerkorianMassachusetts Appeals Court · 2004
- Prime v. Zoning Board of AppealsMassachusetts Appeals Court · 1997
- Leighton v. HallstromMassachusetts Appeals Court · 2018
- Modern Continental Construction Co. v. Building InspectorMassachusetts Appeals Court · 1997
- Inhabitants of the Town of Rowley v. KovalchukMassachusetts Superior Court · 1998