# Winiker Realty, Inc. v. Zoning Board of Appeals

> Massachusetts Supreme Judicial Court · June 16, 1972 · 362 Mass. 869

URL: https://www.frixlaw.com/law-library/cases/6448920

## Case

- **Full name:** Winiker Realty, Inc. v. Zoning Board of Appeals of Millis
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** June 16, 1972
- **Citations:** 362 Mass. 869; 285 N.E.2d 452; 1972 Mass. LEXIS 1073
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6448920

## How later opinions describe it (automated extraction)

- holding application for multi-unit dwellings controlled by subsequent amendment to zoning by-law

## Opinion text

The plaintiff filed on or about April 23, 1968, with the Zoning Board of Appeals of Millis (the board) an application for a special permit to erect six multi-unit dwellings on a locus situated in residential district No. 1, with a small portion located in residential district No. 2. When it filed its application this was a permitted use in those districts under the zoning by-law. On June 24, 1968, the by-law was amended to prohibit such a use in those districts and the request for a special permit was denied on July 19, 1968. In denying the application the board did so on the ground of a possible health hazard. At the trial in the Superior Court the judge ruled that the plaintiff’s request was controlled by the amended *870 by-law. This ruling, and the final decree sustaining the decision of the board of appeals, were correct. See Doliner v. Planning Bd. of Millis, 343 Mass. 1, 6-7 .
A. T Handverger for the plaintiff. John F. St. Cyr for the defendant.
Decree affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6448920. Public record. Not legal advice.