Legal Opinion · Dissent

Bd. of Appeals of N. Andover v. HOUSING APPEALS

Massachusetts Appeals Court

Decided December 9, 1976Published

1DissentGoodman, J.

concurs) . We see no occasion in this case to determine how condition no. 31 relates to the two provisions (§ 108.1 and § 126.1) of the State Building Code2 which the zoning *682board of appeals (board) asserts to be inconsistent with that condition. Section 108.1 concerns only the local building inspector, who was not a party to the administrative proceeding before the Housing Appeals Committee (committee) or to this action. The parties to the administrative proceeding were the board and the applicant; and the order issued by the committee was directed to the board. Further, there is no present…

2Cases cited8 opinions

  1. Board of Appeals of Hanover v. Housing Appeals Comm.Massachusetts Supreme Judicial Court · 1973
  2. Juan Sanchez Lugo v. The Employees Retirement Fund of the Illumination Products IndustryCourt of Appeals for the Second Circuit · 1976
  3. Gelinas v. New England Power Co.Massachusetts Supreme Judicial Court · 1971
  4. Green v. Board of Appeal of NorwoodMassachusetts Supreme Judicial Court · 1970
  5. County of Middlesex v. Gevyn Construction Corp.Court of Appeals for the First Circuit · 1971

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