Opinion

Knight v. Building Inspector

  • 4 Mass. App. Ct. 826
  • 350 N.E.2d 468
Court
Massachusetts Appeals Court
Filed
Jun 29, 1976
Status
Published
Cited by
1 cases
Authority
More cited than 48.7%

The opinion

It is clear from the evidence (including the 1970-1972 master plan) and from the judge’s findings, none of which can be pronounced clearly erroneous (see Marlow v. New Bedford, 369 Mass. 501, 508 [1976]), that the reasonableness of the 1974 rezoning of the locus from residential to neighborhood business uses was fairly debatable and that the plaintiffs have failed to show beyond a reasonable doubt that the rezoning conflicted with any of the provisions of G. L. c. 40A, §§ 2 and 3, as in effect prior to St. 1975, c. 808, § 3. See Crall v. Leominster, 362 Mass. 95, 101-103 (1972), and cases cited. The present case is governed in principle by such cases as Lanner v. Board of Appeal of Tewksbury, 348 Mass. 220, 224-230 (1964). Barrett v. Building Inspector of Peabody, 354 Mass. 38, 40-42 (1968), and Durand v. Superintendent of Pub. Bldgs, of Fall River, 354 Mass. 74, 75, 77 (1968), rather than by such cases as Leahy v. Inspector of Bldgs, of New Bedford, 308 Mass. 128, 129-130, 133-134 (1941), and Beal v. Building Commr. of Springfield, 353 Mass. 640, 641-644 (1968). The judgment is to be modified by striking out the concluding paragraph thereof (see Cameron v. Gunstock Acres, Inc. 370 Mass. 378, 382 [1976]) and, as so modified, is affirmed.

So ordered.

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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