Legal Opinion

Humble Oil & Refining Co. v. BD. OF APPEALS OF AMHERST

Massachusetts Supreme Judicial Court

Decided December 13, 1971PublishedCited by 19 opinions

1Opinion of the CourtTauro, C.J.

This is an appeal under G. L. c. 40A, § 21, from a decree of the Superior Court sustaining a decision of the board of appeals of Amherst in its denial of the plaintiff's application to construct an automobile service station.

The plaintiff applied for permission to locate an automobile service station “at the intersection of the east line of West Street, Route 116 and the south line of Pomeroy Lane in Amherst” which is classified as a limited business district. A service station is permitted by “special exception” within such a district. See G. L. c. 40A, § 4. The town by-law with respect to…

2Cases cited4 opinions

  1. MacGibbon v. Board of Appeals of DuxburyMassachusetts Supreme Judicial Court · 1970
  2. Gulf Oil Corp. v. Board of Appeals of FraminghamMassachusetts Supreme Judicial Court · 1969
  3. Zaltman v. Board of Appeals of StonehamMassachusetts Supreme Judicial Court · 1970
  4. Brockton Public Market, Inc. v. Board of AppealsMassachusetts Supreme Judicial Court · 1970

3Cited by19 opinions

  1. SCIT, Inc. v. Planning Board of BraintreeMassachusetts Appeals Court · 1984
  2. S. Kemble Fischer Realty Trust v. Board of AppealsMassachusetts Appeals Court · 1980
  3. Prudential Insurance Co. of America v. Board of Appeals of WestwoodMassachusetts Appeals Court · 1986
  4. S. Volpe & Co. v. Board of Appeals of WarehamMassachusetts Appeals Court · 1976
  5. Dowd v. Board of Appeals of DoverMassachusetts Appeals Court · 1977

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