Legal Opinion
Cummings v. City Council of Gloucester
Massachusetts Appeals Court
Decided March 7, 1990No. 89-P-762PublishedCited by 24 opinions
1Opinion of the CourtFine, J.
Various parties brought a timely action under G. L. c. 40A, § 17, challenging the grant of a special permit by the Gloucester city council for construction of a shopping center. The defendants, the developer and the municipality, moved to dismiss the complaint or, in the alternative, for summary judgment, on the grounds that none of the named plaintiffs was “aggrieved” within the meaning of G. L. c. 40A, § 17, and that the complaint failed adequately to state a claim. After the defendants’ motion was filed, the plaintiffs moved to amend their complaint by adding a new plaintiff, Gloucester…
2Cases cited22 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988
- Nader v. CitronMassachusetts Supreme Judicial Court · 1977
- Rollins Environmental Services, Inc. v. Superior CourtMassachusetts Supreme Judicial Court · 1975
- Solimene v. B. GRAUEL & CO., KGMassachusetts Supreme Judicial Court · 1987
17 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Marashlian v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 1996
- Britton v. Zoning Board of AppealsMassachusetts Appeals Court · 2003
- ATC South, Inc. v. Charleston CountySupreme Court of South Carolina · 2008
- Cohen v. Zoning Board of Appeals of PlymouthMassachusetts Appeals Court · 1993
- Board of Appeals of Rockport v. DeCarolisMassachusetts Appeals Court · 1992
19 more not listed; retrieve them via the Exa API.