Legal Opinion

Killorin v. Zoning Board of Appeals

Massachusetts Appeals Court

Decided October 14, 2011No. 10-P-1665PublishedCited by 2 opinions

1Opinion of the CourtHanlon, J.

The plaintiff trustees of the Geneva H. Killorin 1992 Trust (trust) appeal pursuant to G. L. c. 40A, § 17, from a judgment of the Superior Court, affirming two decisions of the Andover zoning board of appeals (board), each denying their *656requests to modify or remove certain restrictions imposed in a 1940 decision of the board granting a special permit. The trustees principally contend that the restrictions are no longer in effect by operation of G. L. c. 184, § 23.5 We conclude that the provisions of the statute do not apply to conditions or restrictions imposed incident to zoning relief…

2Cases cited12 opinions

  1. Registrar of Motor Vehicles v. Board of Appeal on Motor Vehicle Liability Policies & BondsMassachusetts Supreme Judicial Court · 1981
  2. Labounty v. VickersMassachusetts Supreme Judicial Court · 1967
  3. Roberts v. Southwestern Bell Mobile Systems, Inc.Massachusetts Supreme Judicial Court · 1999
  4. Davis v. Zoning Board of ChathamMassachusetts Appeals Court · 2001
  5. Commonwealth v. SmithMassachusetts Supreme Judicial Court · 2000

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3Cited by2 opinions

  1. Drummey v. Town of Falmouth Zoning Board of AppealsMassachusetts Superior Court · 2013
  2. Samuelson v. Planning Board of OrleansMassachusetts Appeals Court · 2014

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