Land Use Zoning

Under Massachusetts Zoning Law, Abutter’s Presumptive Standing to Appeal Can Be Rebutted Even if Unchallenged by Defendant

February 28, 2019 by Michelle O'Brien | Leave a Comment

There’s no shortage of case law on the issue of standing to maintain a zoning appeal. A case decided by the Appeals Court reminds us why the issue is still being discussed after all these years. In Talmo v. Zoning Board of Appeals of Framingham, 93 Mass. App. Ct. 626 (2018), the court addressed whether a […]

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Land Use Zoning

Late-Filed Appeal to Zoning Board is a Nullity, Not a Springboard to Constructive Approval

December 13, 2018 / December 14, 2018 by Donald R. Pinto, Jr. | Leave a Comment

The Massachusetts Appeals Court’s recent decision in McIntyre v. Zoning Board of Appeals of Braintree demonstrates the importance of subject matter jurisdiction in the context of administrative proceedings.  The plaintiffs appealed the issuance of a building permit authorizing construction of a single-family house on an abutting lot.  Though they knew immediately that the permit had issued, the […]

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