Legal Opinion
United States v. Town of Lincoln Zoning Board of Appeals
District Court, D. Massachusetts
Decided February 28, 2013No. Civil Action No. 12-10179-DJCPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
CASPER, District Judge.
I. Introduction
The United States has filed an action seeking to challenge the grant of a Special Permit issued by Defendant Town of Lincoln Zoning Board of Appeals (“Board” or “ZBA”) to Defendant NuPath, Inc. (“Nu-Path”) allowing construction of a structure on a property owned by Defendant Town of Lincoln Affordable Housing Trust (“Trust”) located in Lincoln, Massachusetts. D. 1. Defendant Trust has moved to dismiss “those parts of the Complaint seeking an appeal under [Mass. Gen. L.] c. 40A, § 17” on the grounds that this Court “lacks jurisdiction…
2Cases cited24 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Warth v. SeldinSupreme Court of the United States · 1975
- Zipes v. Trans World Airlines, Inc.Supreme Court of the United States · 1982
- Morrison v. National Australia Bank Ltd.Supreme Court of the United States · 2010
- O'Melveny & Myers v. Federal Deposit InsuranceSupreme Court of the United States · 1994
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3Cited by2 opinions
- Holdcraft v. Town of BrookfieldDistrict Court, District of Columbia · 2019
- Holdcraft v. Town of BrookfieldDistrict Court, D. Massachusetts · 2019