Legal Opinion

Mahoney v. Board of Appeals of Winchester

Massachusetts Supreme Judicial Court

Decided June 26, 1962PublishedCited by 20 opinions

1Opinion of the CourtWilliams, J.

This is a bill in equity by way of appeal under G. L. c. 40A, § 21, as amended through St. 1958, c. 175, from a decision of the board of appeals refusing to grant a permit to the plaintiff for the construction on his land of a commercial greenhouse. The locus is an area of approximately fifty acres fronting on Cambridge Street in Winchester. It is within a single residence district and subject to the provisions of the town by-law relating to zoning. By § 2 of that by-law as amended through March 1, 1959, which pertains to single residence districts, “no new building or structure shall be…

2Cases cited2 opinions

  1. Pendergast v. Board of AppealsMassachusetts Supreme Judicial Court · 1954
  2. Lawrence v. Board of Appeals of LynnMassachusetts Supreme Judicial Court · 1957

3Cited by20 opinions

  1. Gulf Oil Corp. v. Board of Appeals of FraminghamMassachusetts Supreme Judicial Court · 1969
  2. Subaru of New England v. BD. OF APPEALS, CANTONMassachusetts Appeals Court · 1979
  3. Roberts-Haverhill v. City Coun. of HaverhillMassachusetts Appeals Court · 1974
  4. Newbury Junior College v. Town of BrooklineMassachusetts Appeals Court · 1985
  5. Fitzsimonds v. Board of Appeals of ChathamMassachusetts Appeals Court · 1985

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