Koines, et al. v. Zoning Board of Appeals of Cohasset, et al. (Lawyers Weekly No. 11-014-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
16-P-678 Appeals Court
ALEXANDER C. KOINES & another[1] vs. ZONING BOARD OF APPEALS OF COHASSET & others.[2]
No. 16-P-678. February 21, 2017.
Zoning, Nonconforming use or structure, Lot size, Exemption, Judicial review. Real Property, Merger.
The plaintiffs appeal from a judgment of the Land Court that affirmed a decision of the defendant zoning board of appeals of Cohasset (board) based on a conclusion that the board correctly interpreted the Cohasset zoning by-law to afford grandfather protection to a lot owned by the defendants John and Martha Shaw. We affirm.
Furlong, et al. v. Zoning Board of Appeals of Salem, et al.
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
15-P-1174 Appeals Court
MICHAEL F. FURLONG & another[1] vs. ZONING BOARD OF APPEALS OF SALEM & another.[2]
No. 15-P-1174.
Suffolk. October 7, 2016. – December 12, 2016.
Present: Hanlon, Sullivan, & Blake, JJ.
Zoning, Variance, Setback. Practice, Civil, Zoning appeal.
Civil action commenced in the Land Court Department on February 17, 2012.
The case was heard by Robert B. Foster, J.
Zoning Board of Appeals of Hanover v. Housing Appeals Committee, et al. (Lawyers Weekly No. 11-110-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
15-P-893 Appeals Court
ZONING BOARD OF APPEALS OF HANOVER vs. HOUSING APPEALS COMMITTEE & another.[1]
No. 15-P-893.
Plymouth. May 9, 2016. – August 29, 2016.
Present: Agnes, Massing, & Kinder, JJ.
Housing. Zoning, Housing appeals committee, Comprehensive permit, Low and moderate income housing. Administrative Law, Agency’s interpretation of regulation, Regulations. Municipal Corporations, Fees.
Tusino v. Zoning Board of Appeals of Douglas, et al. (and a companion case) (Lawyers Weekly No. 11-107-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
15-P-1400 Appeals Court
14-P-1193
LOUIS C. TUSINO vs. ZONING BOARD OF APPEALS OF DOUGLAS
& another[1] (and a companion case[2]).
Nos. 15-P-1400 & 14-P-1193.
Worcester. June 3, 2016. – August 25, 2016.
Present: Vuono, Wolohojian, & Blake, JJ.
Jurisdiction, Zoning. District Court, Jurisdiction, Appellate Division. Zoning, Appeal. Appeals Court, Jurisdiction. Practice, Civil, Zoning appeal, Appellate Division: appeal, Action in nature of mandamus, Moot case. Mandamus. Moot Question.
311 West Broadway LLC v. Zoning Board of Appeal of Boston, et al. (Lawyers Weekly No. 11-106-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
15-P-1227 Appeals Court
311 WEST BROADWAY LLC vs. ZONING BOARD OF APPEAL OF BOSTON & others.[1]
No. 15-P-1227.
Suffolk. May 13, 2016. – August 23, 2016.
Present: Katzmann, Carhart, & Sullivan, JJ.
Zoning, Variance, Appeal, Jurisdiction. Jurisdiction, Superior Court, Zoning. Superior Court, Jurisdiction.
Civil action commenced in the Superior Court Department on June 13, 2013.
Picard v. Zoning Board of Appeals of Westminster, et al. (Lwyers Weekly No. 10-085-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
SJC-11991
MAURICE PICARD, personal representative,[1] vs. ZONING BOARD OF APPEALS OF WESTMINSTER & another.[2]
Worcester. February 9, 2016. – June 17, 2016.
Present: Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.
Zoning, Person aggrieved. Practice, Civil, Standing. Easement. Real Property, Easement, Beach. Beach.
Civil action commenced in the Superior Court Department on August 23, 2011.
The case was heard by Robert B. Gordon, J.
After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.
Chiaraluce v. Zoning Board of Wareham (and a consolidated case) (Lawyers Weekly No. 11-040-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
15-P-328 Appeals Court
JOSEPH H. CHIARALUCE, trustee,[1] vs. ZONING BOARD OF APPEALS OF WAREHAM (and a consolidated case[2]).
No. 15-P-328.
Suffolk. January 7, 2016. – April 8, 2016.
Present: Hanlon, Sullivan, & Maldonado, JJ.
Zoning, Nonconforming use or structure, By-law.
Civil actions commenced in the Land Court Department on July 21 and July 25, 2011.
The cases were heard by Gordon H. Piper, J.
Categories: News Tags: 1104016, Board, case, Chiaraluce, consolidated, Lawyers, Wareham, Weekly, Zoning
Reynolds v. Zoning Board of Appeals of Stow, et al. (Lawyers Weekly No. 11-144-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
14-P-663 Appeals Court
GREGORY REYNOLDS vs. ZONING BOARD OF APPEALS OF STOW & another.[1]
No. 14-P-663.
Middlesex. January 13, 2015. – September 15, 2015.
Present: Trainor, Vuono, Hanlon, JJ.
Housing. Zoning, Board of appeals: decision; Low and moderate income housing; Comprehensive permit. Practice, Civil, Standing.
Civil action commenced in the Superior Court Department on November 23, 2010.
The case was heard by Kenneth W. Salinger, J.
Buccaneer Development, Inc. v. Zoning Board of Review of Appeals of Lenox (Lawyers Weekly No. 11-105-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
14-P-855 Appeals Court
BUCCANEER DEVELOPMENT, INC. vs. ZONING BOARD OF APPEALS OF LENOX.
No. 14-P-855.
Suffolk. April 8, 2015. – August 11, 2015.
Present: Berry, Milkey, & Massing, JJ.
Zoning, Special permit, Board of appeals: decision.
Civil action commenced in the Land Court Department on January 9, 2008.
After review by this court, 83 Mass. App. Ct. 40 (2012), the case was heard by Dina E. Fein, J., sitting by designation, on a case stated.
Palitz v. Zoning Board of Appeals of Tisbury, et al. (Lawyers Weekly No. 10-037-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us
SJC-11678
SUZANNE PALITZ, trustee,[1] vs. ZONING BOARD OF APPEALS OF TISBURY & another.[2]
Suffolk. November 6, 2014. – March 3, 2015.
Present: Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.
Subdivision Control, Zoning requirements, Approval not required. Zoning, Nonconforming use or structure, Variance.
Civil action commenced in the Land Court Department on October 10, 2012.
The case was heard by Karyn F. Scheier, J., on a motion for summary judgment.