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Harrow v. Board of Appeals of Pittsfield

M. Robert Harrow v. Board of Appeals of Pittsfield & others

Harrow v. Bd. of Appeals of Pittsfield, 391 N.E.2d 276 (Mass. App. Ct. 1979)
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Court
Massachusetts Appeals Court · State Appellate Courts
Decided
June 28, 1979
Citations
391 N.E.2d 2767 Mass. App. Ct. 937
Cited by 7

Opinion of the Court

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The plaintiff sought review in the Superior Court of a grant of variances by the board of appeals of Pittsfield allowing use of property belonging to the Haugheys as a parking lot. The trial judge made "Findings of Fact, Rulings of Law and Order for Decree.” No judgment was entered as required by Mass.R.Civ.P. 58(a), as amended, 371 Mass. 908 (1976), and any effort to obtain appellate review was, therefore, premature. Tisei v. Building Inspector of Marlborough, 5 Mass. App. Ct. 328, 330 (1977). The appeal, therefore, must be dismissed. Nevertheless, the case having been fully briefed and argued, we state our views in this matter. The defendants have not established that "owing to conditions especially affecting [the defendant Haugheys’ property]... a literal enforcement of the provisions of the [Pitts-field zoning] ordinance ... would involve substantial hardship” to them. G. L. c. 40A, § 15, cl.3, as in effect prior to St. 1975, c. 808, § 3. Although the locus was surrounded by office, commercial, and club uses, there was no evidence in the record that the Haugheys’ property could not be used for purposes allowed by the Pittsfield zoning ordinance. See Coolidge v. Zoning Bd. of Appeals of Framingham, 343 Mass. 742, 745-746 (1962); Sullivan v. Board of Appeals of Belmont, 346 Mass. 81, 84-86 (1963); Garfield v. Board of Appeals of Rockport, 356 Mass. 37, 41 (1969). Compare Dion v. Board of Appeals of Waltham, 344 Mass. 547, 550-552 (1962). See also Costa v. Zoning Bd. of Appeals of Framingham, 6 Mass. App. Ct. 872 (1978). The decision of the board of appeals of Pittsfield should, on the present record, therefore, have been annulled. Since no judgment has been entered, the parties may move in the Superior Court for reconsideration of the order for judgment. In that connection the Superior Court may, in its discretion, receive further evidence on the question whether the Haugheys can feasibly use their property for any purpose allowed under the Pittsfield ordinance.

Appeal dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

View all citing references →
1979: 21980: 11981: 21983: 11986: 119792026peak 1979 · 2

Relies on it most ⓘ

  1. Commonwealth v. One Thousand Three Hundred & Forty Dollars451 N.E.2d 137 (Mass. App. Ct. 1983)
  2. Bevel-Fold, Inc. v. Bose Corp.402 N.E.2d 1104 (Mass. App. Ct. 1980)
  3. Koonce v. Aldo Realty Trust392 N.E.2d 549 (Mass. App. Ct. 1979)
  4. Chiminiello v. Chiminiello397 N.E.2d 1141 (Mass. App. Ct. 1979)
  5. Gianelli v. Vatco Industries, Inc.1986 Mass. App. Div. 10 (1986)
  6. Basch v. Travelers Indemnity Co.1981 Mass. App. Div. 251 (1981)

Most recent

  1. Gianelli v. Vatco Industries, Inc.1986 Mass. App. Div. 10 (1986)
  2. Commonwealth v. One Thousand Three Hundred & Forty Dollars451 N.E.2d 137 (Mass. App. Ct. 1983)
  3. Basch & Sons v. Travelers Indemnity Co.3 Mass. Supp. 103 (1981)
  4. Basch v. Travelers Indemnity Co.1981 Mass. App. Div. 251 (1981)
  5. Bevel-Fold, Inc. v. Bose Corp.402 N.E.2d 1104 (Mass. App. Ct. 1980)
  6. Chiminiello v. Chiminiello397 N.E.2d 1141 (Mass. App. Ct. 1979)

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 6

DepthCaseCited by
Dion v. Bd. of Appeals of Waltham, 183 N.E.2d 479 (Mass. 1962) 58
Garfield v. Bd. of Appeals of Rockport, 247 N.E.2d 720 (Mass. 1969) 28
Tisei v. Bldg. Inspector of Marlborough, 363 N.E.2d 262 (Mass. App. Ct. 1977) 18
Coolidge v. Zoning Bd. of Appeals of Framingham, 180 N.E.2d 670 (Mass. 1962) 17
Sullivan v. Bd. of Appeals of Belmont, 190 N.E.2d 83 (Mass. 1963) 13
Costa v. Zoning Bd. of Appeals, 374 N.E.2d 1239 (Mass. App. Ct. 1978) 5

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