Legal Opinion

Middlesex & Boston Street Railway Co. v. Board of Aldermen

Massachusetts Supreme Judicial Court

Decided February 10, 1977PublishedCited by 18 opinions

1Opinion of the CourtQuirico, J.

On September 4,1973, the defendant board of aldermen (the board), acting in its capacity as the special permit authority under the Newton zoning ordinance, granted a special permit to the plaintiff to erect fifty-four dwelling units in a garden apartment development on Commonwealth Avenue in that city. The board attached numerous conditions to the permit, but only two of them concern us in this case and they are reproduced in full in the margin of this opinion. 3 One of these two condi tions, condition No. 7, requires by the last sentence thereof that “[a] 11 solid waste shall be removed from…

2Cases cited5 opinions

  1. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  2. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  3. Railway Express Agency, Inc. v. New YorkSupreme Court of the United States · 1949
  4. Gildea v. EllershawMassachusetts Supreme Judicial Court · 1973
  5. Sherman v. Rent Control Board of BrooklineMassachusetts Supreme Judicial Court · 1975

3Cited by18 opinions

  1. Anthony's Pier Four, Inc. v. HBC ASSOCIATESMassachusetts Supreme Judicial Court · 1991
  2. Boston Edison Co. v. Boston Redevelopment AuthorityMassachusetts Supreme Judicial Court · 1977
  3. National Medical Care, Inc. v. ZigelbaumMassachusetts Appeals Court · 1984
  4. Iodice v. City of NewtonMassachusetts Supreme Judicial Court · 1986
  5. Country Joe, Inc. v. City of EaganSupreme Court of Minnesota · 1997

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