Legal Opinion
Board of Appeals v. Housing Appeals Committee
Massachusetts Supreme Judicial Court
Decided June 10, 2008PublishedCited by 11 opinions
1Opinion of the CourtCordy, J.
In these consolidated cases, we must decide whether the Housing Appeals Committee (committee) of the Department of Housing and Community Development (department) has the authority to alter the conditions placed on the approval of a comprehensive permit, where the developer has failed to demonstrate that those conditions make the housing project uneconomic. We conclude that the plain language of the comprehensive permit act, G. L. c. 40B, §§ 20-23 (act), precludes such authority.4
1. Background, a. The Massachusetts comprehensive permit act. The material facts are not in dispute. In order to…
2Cases cited16 opinions
- Lolos v. BerlinMassachusetts Supreme Judicial Court · 1958
- Board of Appeals of Hanover v. Housing Appeals Comm.Massachusetts Supreme Judicial Court · 1973
- Arthurs v. Board of Registration in MedicineMassachusetts Supreme Judicial Court · 1981
- Protective Life Insurance v. SullivanMassachusetts Supreme Judicial Court · 1997
- Goldberg v. Board of HealthMassachusetts Supreme Judicial Court · 2005
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Zoning Board of Appeals of Amesbury v. Housing Appeals CommitteeMassachusetts Supreme Judicial Court · 2010
- Franklin Office Park Realty Corp. v. Commissioner of the Department of Environmental ProtectionMassachusetts Supreme Judicial Court · 2013
- Zoning Board of Appeals v. Housing Appeals CommitteeMassachusetts Appeals Court · 2011
- Zoning Board of Appeals v. Housing Appeals CommitteeMassachusetts Supreme Judicial Court · 2013
- Zoning Board of Appeals v. Sugarbush Meadow, LLCMassachusetts Supreme Judicial Court · 2013
6 more not listed; retrieve them via the Exa API.