Legal Opinion

Sheppard v. Zoning Board of Appeal

Massachusetts Appeals Court

Decided April 2, 2009No. 07-P-1673PublishedCited by 10 opinions

1Opinion of the CourtKafker, J.

The plaintiff, Alison Sheppard, appeals, pursuant to § 11 of the Boston zoning enabling act (enabling act), zoning variances granted to her neighbor, Robert K. McGarrell. See St. 1956, c. 665, §§ 2 et seq., as amended by St. 1993, c. 461, §§ 2 et seq. Following a bench trial in Superior Court, the judge ruled Sheppard did not have standing and dismissed her complaint. On appeal, she argues (1) the trial judge improperly concluded that she did not have standing; and (2) the variances granted were illegal.2

We summarize the trial judge’s findings of fact and supple*9ment where necessary from…

2Cases cited9 opinions

  1. Marashlian v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 1996
  2. Deerskin Trading Post, Inc. v. Spencer Press, Inc.Massachusetts Supreme Judicial Court · 1986
  3. Standerwick v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 2006
  4. Tsagronis v. Board of Appeals of WarehamMassachusetts Supreme Judicial Court · 1993
  5. Bell v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 1999

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3Cited by10 opinions

  1. 81 Spooner Road, LLC v. Zoning Board of Appeals of BrooklineMassachusetts Supreme Judicial Court · 2012
  2. Marhefka v. Zoning Board of Appeals of SuttonMassachusetts Appeals Court · 2011
  3. Sheppard v. Zoning Board of Appeal of BostonMassachusetts Appeals Court · 2012
  4. 81 Spooner Road, LLC v. Zoning Board of AppealsMassachusetts Appeals Court · 2010
  5. Murrow v. EmeryMassachusetts Appeals Court · 2018

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