Opinion

Sandberg v. Board of Appeals

  • 349 Mass. 769
  • 211 N.E.2d 341
Court
Massachusetts Supreme Judicial Court
Filed
Oct 27, 1965
Status
Published
Cited by
3 cases
Authority
More cited than 57.8%

The opinion

Decree reversed. In the Superior Court the judge, acting on an appeal purportedly brought under G. L. c. 40A, § 21, annulled the decision of the board of appeals of Taunton which had affirmed the decision of the city’s superintendent of buildings denying to the plaintiffs a permit to replace twenty-two deteriorated poultry shelters with two new structures for 3,000 chickens. The locus is in a district zoned for residences. Apart from other defects in the plaintiffs’ case, the judge on the record had no jurisdiction to act. The defendant board of appeals was established under the city’s building code. There was no showing that the city had provided for a zoning board of appeals under G. L. e. 40A, § 14. Jurisdiction in the Superior Court under § 21 is confined to appeals under the Zoning Enabling Act. Rice V. Board of Appeals of Dennis, 342 Mass. 499, 502 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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