Board of Selectmen v. Board of Appeals

Board of Selectmen of Kingston v. Board of Appeals of Kingston & another

Bd. of Selectmen v. Bd. of Appeals, 322 N.E.2d 437 (Mass. App. Ct. 1975)

Court: Massachusetts Appeals Court · State Appellate Courts
Decided: January 31, 1975
Citations: 322 N.E.2d 4373 Mass. App. Ct. 7041975 Mass. App. LEXIS 705

Cited by 3 1 descriptions by later courts

Opinion of the Court

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The selectmen appeal from a Superior Court decree affirming the decision of the board of appeals (board) granting a special permit for the construction of multiple dwellings. The court had annulled an initial decision of the board granting the permit and remanded the case to the board for “further proceedings” (while retaining jurisdiction of the case) without the necessity of bringing a new petition. The subsequent decision of the board to grant the permit again was affirmed by the court. The selectmen assert that (1) the second decision of the board was a nullity because of the failure to give new notice under G. L. c. 40A, § 17, and (2) the use authorized under the permit was detrimental to the established or future character of the neighborhood or town. The record supports the court’s ruling that “no new notice or advertisement was required” un *705 der G. L. c. 40A, § 17, after remand (compare Josephs v. Board of Appeals of Brookline, 362 Mass. 290 [1972]) and its finding that the use involved would not be detrimental. Since the final decree upon the merits of the case is to be affirmed, we treat the board’s appeal from an interlocutory decree as having been waived.

Cortland A. Mathers (David Delaney with him) for the Board of Selectmen of Kingston. Francis L. Kelly for Albert R. Schofield, Jr., trustee. Mario P. Alfieri for the Board of Appeals of Kingston.

Decree affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(advertisement and notice not required as to proceedings on remand)

Ranney v. Bd. of Appeals of Nantucket, 414 N.E.2d 373 (Mass. App. Ct. 1981)

Cited by 3 cases

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State Appellate Courts3

Relies on it most ⓘ

Ranney v. Board of Appeals of Nantucket414 N.E.2d 373 (Mass. App. Ct. 1981)
Quinn v. ZONING BOARD OF APPEALS OF DALTON464 N.E.2d 395 (Mass. App. Ct. 1984)
Deibel v. Yorke340 N.E.2d 897 (Mass. App. Ct. 1976)

Most recent

Quinn v. ZONING BOARD OF APPEALS OF DALTON464 N.E.2d 395 (Mass. App. Ct. 1984)
Ranney v. Board of Appeals of Nantucket414 N.E.2d 373 (Mass. App. Ct. 1981)
Deibel v. Yorke340 N.E.2d 897 (Mass. App. Ct. 1976)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Josephs v. Bd. of Appeals of Brookline, 285 N.E.2d 436 (Mass. 1972)	89

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