Opinion

Bransford v. Zoning Board of Appeals

  • 444 Mass. 852
Court
Massachusetts Supreme Judicial Court
Filed
Aug 12, 2005
Status
Published
On the bench
Cordy, Greaney
Cited by
14 cases
Authority
More cited than 81.2%

rejecting argument that “no problem exists because [the plaintiffs’] nonconforming lot will remain exactly the same with the reconstructed residence”

How later courts described this case

  • rejecting argument that “no problem exists because [the plaintiffs’] nonconforming lot will remain exactly the same with the reconstructed residence”
  • considering whether reconstruction of dimensionally conforming structure on undersized lot increases nonconforming nature so as to remove protections of second “except” clause
  • “Creating a distinction in treatment between a nonconforming structure and a nonconforming lot is one that analytically and practically should not be made. The two concepts are intertwined and separating them would permit a landowner to circumvent valid and useful minimum lot area requirements”
  • "the ultimate objectives of zoning [are] furthered by the eventual elimination of nonconformities"

Written by the judges who cited it.

The opinion

By the Court.

On June 27, 2005, this court affirmed the *853 judgment of the Land Court in these consolidated cases by an equally divided court. Justice Cowin took no part in the decision. Separate opinions of Justice Greaney, with whom Chief Justice Marshall and Justice Spina join, and Justice Cordy, with whom Justices Ireland and Sosman join, appear below.

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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