# Town of Canton v. Bruno

> Massachusetts Supreme Judicial Court · April 18, 1972 · 361 Mass. 598

URL: https://www.frixlaw.com/law-library/cases/9723658

## Case

- **Full name:** Town of Canton vs. Nicholas Bruno & Another
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** April 18, 1972
- **Citations:** 361 Mass. 598; 282 N.E.2d 87; 1972 Mass. LEXIS 932
- **Precedential status:** Published
- **Opinion:** Concurrence by Cutter
- **Judges:** Tauro, Cutter, Reardon, Braucher, Hennessey
- **Cited by:** 23 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/9723658

## Opinion text

Cutter, J.
(concurring) I concur in the result, but would place the decision on the ground that the original 1937 by-law was validly adopted. In 1937, the town itself, instead of the selectmen, acted to set up the special group to make a purely advisory report, later acted upon by the town meeting. Nothing suggests that the provision in c. 40, § 27, as appearing in St. 1933, c. 269, § 1, authorizing the appointment by the selectmen of a special zoning board, was included in the statute otherwise than as a convenient procedural method of avoiding the necessity of a town meeting for such an appointment. The deviation from the statutory method seems to me at most a “trivial procedural defect” which is of no substantial significance in the light of the apparent legislative objectives. See Hallenborg v. Town Clerk of Billerica, 360 Mass. 513, 517-518 , and authorities there cited. There was no failure of the special committee to make recommendations. Cf. Whittemore v. Town Clerk of Falmouth, 299 Mass. 64, 68-69 .

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9723658. Public record. Not legal advice.