Legal Opinion

Zoning Board of Appeals of Amesbury v. Housing Appeals Committee

Massachusetts Supreme Judicial Court

Decided September 3, 2010No. SJC-10637PublishedCited by 20 opinions

1Opinion of the CourtBotsford, J.

This case raises two related questions of statutory authority under the comprehensive permit act, G. L. c. 40B, §§ 20-23 (act): what is the scope of a local zoning board’s authority under c. 40B, § 21 (§ 21), to impose conditions on the issuance of a comprehensive permit to construct low or moderate income housing; and what is the extent of authority vested in the Housing Appeals Committee (HAC) of the Department of Housing and Community Development (department) under c. 40B, § 23 (§ 23), to review any conditions that have been imposed? The questions arise in the context of the present appeal…

2Cases cited25 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  2. United States v. PowellSupreme Court of the United States · 1975
  3. Hoffman v. Howmedica, Inc.Massachusetts Supreme Judicial Court · 1977
  4. Board of Appeals of Hanover v. Housing Appeals Comm.Massachusetts Supreme Judicial Court · 1973
  5. Consolidated Cigar Corp. v. Department of Public HealthMassachusetts Supreme Judicial Court · 1977

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3Cited by20 opinions

  1. Flagg v. AliMed, Inc.Massachusetts Supreme Judicial Court · 2013
  2. Souza v. Registrar of Motor VehiclesMassachusetts Supreme Judicial Court · 2012
  3. Rivas v. Chelsea Housing AuthorityMassachusetts Supreme Judicial Court · 2013
  4. City of Springfield v. Civil Service CommissionMassachusetts Supreme Judicial Court · 2014
  5. Zoning Board of Appeals v. Housing Appeals CommitteeMassachusetts Appeals Court · 2011

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