# Rhoads v. Blume

> Massachusetts Appeals Court · February 16, 1979 · 7 Mass. App. Ct. 863

URL: https://www.frixlaw.com/law-library/cases/6456326

## Case

- **Full name:** Richard H. Rhoads & another v. Michael H. Blume & others
- **Court:** Massachusetts Appeals Court
- **Decided:** February 16, 1979
- **Citations:** 7 Mass. App. Ct. 863; 386 N.E.2d 34; 1979 Mass. App. LEXIS 1250
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 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/6456326

## Opinion text

The evidence adduced in the Superior Court was insufficient to warrant a finding that pursuit of the occupation proposed to be instituted in the barn would constitute a "use ... clearly incidental and secondary to the use of the premises for residential... purposes,” as required by § V A 9 a of the zoning by-law. See Needham v. Winslow Nurseries, Inc., 330 Mass. 95, 101 (1953) ("An incidental... *864 use under a zoning law is a use which is dependent on or pertains to the principal or main use”); Harvard v. Maxant, 360 Mass. 432, 438 (1971). Contrast Sacco v. Inspector of Bldgs, of Brockton, 3 Mass. App. Ct. 749 (1975). The judgment is reversed, and a new judgment is to be entered which annuls the decision of the board of appeals as in excess of its authority.
John M. Kahn for the plaintiffs.
So ordered.
William M. Shattuck for the defendant.
Louis Kerlinsky, for the plaintiffs, submitted a brief.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6456326. Public record. Not legal advice.