Doherty v. Planning Board of Scituate
Massachusetts Supreme Judicial Court
1Opinion of the CourtIreland, C.J.
The plaintiff, Mary Ann Doherty, owner of two adjacent unimproved lots on a barrier beach peninsula in the town of Scituate (town),1 applied for special permits from the town’s planning board (board) to construct new residential dwellings on the lots, which are located in a flood plain and watershed protection district (FPWP district). The board denied the applications, concluding that Doherty had not demonstrated that her lots were “not subject to flooding” within the meaning of § 470.9 of the zoning bylaw. Doherty sought review pursuant to G. L. c. 40A, § 17; after a bench trial, a Land…
2Cases cited18 opinions
- Commonwealth v. Zone Book, Inc.Massachusetts Supreme Judicial Court · 1977
- Adamowicz v. Town of IpswichMassachusetts Supreme Judicial Court · 1985
- Leahy v. Inspector of BuildingsMassachusetts Supreme Judicial Court · 1941
- Turnpike Realty Co. v. Town of DedhamMassachusetts Supreme Judicial Court · 1972
- Framingham Clinic, Inc. v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 1981
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