O'BLENES v. Zoning Board of Appeals of Lynn
Massachusetts Supreme Judicial Court
1Opinion of the CourtO’Connor, J.
In this case, the defendants moved pursuant to Mass. R. Civ. P. 12 (b) (1) and (6), 365 Mass. 754 (1974), to dismiss the plaintiff’s complaint appealing a decision of the zoning board of appeals of Lynn (board). That decision granted a variance to the defendant O’Connor to construct a thirteen-unit apartment building on his property. In support of their motion, the defendants filed a memorandum to which was attached the affidavit of an assistant clerk in the office of the city clerk asserting that the decision of the board was filed on February 15, 1985, and that no notice of appeal was filed…
2Cases cited11 opinions
- Community National Bank v. DawesMassachusetts Supreme Judicial Court · 1976
- Attorney General v. BaileyMassachusetts Supreme Judicial Court · 1982
- Boston & Albany Railroad v. ReardonMassachusetts Supreme Judicial Court · 1917
- Phipps Products Corp. v. Massachusetts Bay Transportation AuthorityMassachusetts Supreme Judicial Court · 1982
- Pierce v. Board of Appeals of CarverMassachusetts Supreme Judicial Court · 1976
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3Cited by57 opinions
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- Turnpike Motors, Inc. v. Newbury Group, Inc.Massachusetts Supreme Judicial Court · 1992
- Harrington v. Fall River Housing AuthorityMassachusetts Appeals Court · 1989
- Alan Corp. v. International Surplus Lines InsuranceCourt of Appeals for the First Circuit · 1994
- John Beaudette, Inc. v. Sentry Insurance a Mutual Co.District Court, D. Massachusetts · 1999
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