81 Spooner Road, LLC vs. Zoning Board of Appeals of Brookline & others (and a companion case )

Docket NumberSJC-10929
Decision Date20 March 2012

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65 cases
  • Drummey v. Town of Falmouth Zoning Board of Appeals
    • United States
    • Massachusetts Superior Court
    • June 18, 2013
    ... ... appeal to the ZBA and a § 17 appeal to Superior Court. 81 ... Spooner Road, LLC v. Zoning Bd. of App. of Brookline, ... ...
  • DIRECTV, LLC v. Dep't of Revenue
    • United States
    • Supreme Judicial Court of Massachusetts
    • February 18, 2015
    ...novo. See Federal Nat'l Mtge. Ass'n v. Hendricks, 463 Mass. 635, 637, 977 N.E.2d 552 (2012) ; 81 Spooner Rd., LLC v. Zoning Bd. of Appeals of Brookline, 461 Mass. 692, 699, 964 N.E.2d 318 (2012). Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and......
  • Aiello v. Planning Bd. of Braintree
    • United States
    • Appeals Court of Massachusetts
    • April 14, 2017
    ...must be one that the Zoning Act is intended to protect, either explicitly or implicitly." 81 Spooner Rd., LLC v. Zoning Bd. of Appeals of Brookline, 461 Mass. 692, 700, 964 N.E.2d 318 (2012). Here, the judge found that "the various provisions of the By-laws, read together, ... instruct that......
  • Montgomery v. Bd. of Selectmen of Nantucket
    • United States
    • Appeals Court of Massachusetts
    • March 14, 2019
    ...a "person aggrieved" is a prerequisite for standing to maintain an appeal under the act. Cf. 81 Spooner Rd., LLC v. Zoning Bd. of Appeals of Brookline, 461 Mass. 692, 700, 964 N.E.2d 318 (2012) ; Barvenik v. Aldermen of Newton, 33 Mass. App. Ct. 129, 131, 597 N.E.2d 48 (1992). The act, howe......
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