Legal Opinion

Cappuccio v. Zoning Board of Appeals of Spencer

Massachusetts Supreme Judicial Court

Decided August 21, 1986PublishedCited by 32 opinions

1Opinion of the CourtLynch, J.

The plaintiffs are owners of a parcel of real estate known as “Sherwood Beach” on Thompson Pond Road in Spencer. In February, 1985, the intervener filed a petition with the zoning board of appeals of Spencer (board) alleging that the plaintiffs’ use of Sherwood Beach as a concert site was an extension of a nonconforming use in violation of Spencer’s zoning by-law. 3 After a hearing attended by Michael A. Cappuccio at which the plaintiffs were represented by counsel, the board filed with the town clerk on April 17, 1985, its decision, which stated that the plaintiff’s use was an extension of a…

2Cases cited28 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Goss v. LopezSupreme Court of the United States · 1975
  4. Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
  5. Castellucci v. United States Fidelity and Guaranty Co.Massachusetts Supreme Judicial Court · 1977

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3Cited by32 opinions

  1. James Chongris and George Chongris v. Board of Appeals of the Town of AndoverCourt of Appeals for the First Circuit · 1987
  2. All Seasons Services, Inc. v. Commissioner of Health & HospitalsMassachusetts Supreme Judicial Court · 1993
  3. Wendy's Old Fashioned Hamburgers of New York, Inc. v. Board of AppealMassachusetts Supreme Judicial Court · 2009
  4. Murphy v. LS.K.Con. of New England, Inc.Massachusetts Supreme Judicial Court · 1991
  5. Bedford v. Trustees of Boston UniversityMassachusetts Appeals Court · 1988

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