Legal Opinion

Choate v. Zoning Board of Appeals

Massachusetts Appeals Court

Decided September 15, 2006No. 04-P-1646PublishedCited by 8 opinions

1Opinion of the CourtPerretta, J.

When the defendant landowners were granted *377variances by the zoning board of appeals of Mashpee (board) allowing them to build a single family residence on each of two undersized adjoining lots, the plaintiffs, who are an abutter and an abutter to an abutter, brought this action pursuant to G. L. c. 40A, § 17. Ruling on cross motions, the judge denied the plaintiffs’ motion for summary judgment and allowed the defendants’ motion to dismiss, based on the plaintiffs’ lack of standing. We reverse the judgment of dismissal.

1. The property. Our description of the parties’ properties is based upon…

2Cases cited18 opinions

  1. Marashlian v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 1996
  2. Circle Lounge & Grille, Inc. v. Board of AppealMassachusetts Supreme Judicial Court · 1949
  3. Barvenik v. Board of Aldermen of NewtonMassachusetts Appeals Court · 1992
  4. Watros v. Greater Lynn Mental Health & Retardation Ass'nMassachusetts Supreme Judicial Court · 1995
  5. Harvard Square Defense Fund, Inc. v. Planning BoardMassachusetts Appeals Court · 1989

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3Cited by8 opinions

  1. Central Street, LLC v. Zoning Board of AppealsMassachusetts Appeals Court · 2007
  2. Staveley v. City of LowellMassachusetts Appeals Court · 2008
  3. Brookins v. Boston Board of Zoning AppealsMassachusetts Superior Court · 2011
  4. Cuozzo v. KrumsiekMassachusetts Land Court · 2021
  5. Murrow v. Esh Circus Arts, LLCMassachusetts Appeals Court · 2018

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