Legal Opinion

Ricker v. 3353 Wash. LLC

Massachusetts Appeals Court

Decided August 3, 2018No. 18-P-270Published

1Opinion of the Court

The plaintiffs appeal from a Superior Court judgment dismissing, for lack of standing and thus subject matter jurisdiction, their challenge to a decision of the Boston board of appeal (the board) granting certain zoning variances to the defendant 3353 Washington LLC (the developer). The complaint sought judicial review under the Boston zoning enabling act (the act), St. 1956, c. 665, § 11, and also asserted that the board's decision constituted "spot zoning" in violation of the plaintiffs' equal protection rights. In a careful memorandum of decision, a judge concluded that the plaintiffs were…

2Cases cited11 opinions

  1. Board of Appeals of Hanover v. Housing Appeals Comm.Massachusetts Supreme Judicial Court · 1973
  2. Marashlian v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 1996
  3. Barvenik v. Board of Aldermen of NewtonMassachusetts Appeals Court · 1992
  4. Bell v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 1999
  5. 81 Spooner Road, LLC v. Zoning Board of Appeals of BrooklineMassachusetts Supreme Judicial Court · 2012

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