Opinion

Begley v. Board of Appeal of Boston

  • 349 Mass. 458
  • 208 N.E.2d 799
  • 1965 Mass. LEXIS 746
Court
Massachusetts Supreme Judicial Court
Filed
Jun 30, 1965
Status
Published
Author
Whittemore
On the bench
Wilkins, Whittemore, Kirk, Spiegel, Reardon
Cited by
12 cases

noting, in interpreting earlier version of § 11, that it may reflect legislative judgment that "[because] the population of Boston is far greater than that of any other city or town in Massachusetts, the number of frivolous or vexatious appeals from the board of appeal of Boston would be considerably higher than" elsewhere

How later courts described this case

  • noting, in interpreting earlier version of § 11, that it may reflect legislative judgment that "[because] the population of Boston is far greater than that of any other city or town in Massachusetts, the number of frivolous or vexatious appeals from the board of appeal of Boston would be considerably higher than" elsewhere

Written by the judges who cited it.

The opinion

Whittemore, J.

dissenting. The statute in terms makes it a condition of an appeal in Boston that there be a bond indemnifying the person in whose favor the decision was rendered “from all damages and costs which he . . . may sustain.” So far as this imposes a bond for court costs, I agree that it may be sustainable for Boston only by the principle referred to in the opinion. It appears to me in any event, however, arbitrary and unreasonable classification to give a right only to persons in Boston to have substantive damages in the event that an appeal is not found meritorious. The bond is plainly in an amount far beyond any court costs that could be recoverable; it follows, I submit, that it has been ordered under an unconstitutional aspect of the statute.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.