by-law violation in Massachusetts

5 Massachusetts opinions name it 2 courts 1972–2016 0 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

Case	Followed	Cited
KACT, Inc. v. Rubingreen massappct · 2004 · cited in 1 Massachusetts opinions naming this issue, 2016–2016 2 sentences 2016This too fails to present a genuine justiciable dispute of material fact. 8 62 Mass. App. Ct. 689, 699-700 (2004), and merely trivializes the type of conduct that is intended to be actionable. b. 2016With respect to improper means, JNM’s reliance on an alleged by-law violation, unaccompanied by any actual reprehensible conduct, presents no genuine dispute under our law, KACT, Inc. v. Rubin, 62 Mass. App. Ct. 689, 699-700 (2004), and merely trivializes the type of conduct that is intended to be actionable. b.	1	1
John Donnelly & Sons, Inc. v. Outdoor Advertising Boardgreen mass · 1975 · cited in 1 Massachusetts opinions naming this issue, 1977–1977 1 sentence 1977John Donnelly & Sons v. Outdoor Advertising Bd., 369 Mass. 206, 209-215 (1975).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (4)

Case	Cited	Years
Butts v. Zoning Board of Appeals green massappct · 1984 2 sentences 1988A second decision, Butts v. Zoning Bd. of Appeals of Falmouth, 18 Mass. App. Ct. 249 (1984), could be read as following the view stated in Chongris . 1988A second decision, Butts v. Zoning Bd. of Appeals of Falmouth, 18 Mass. App. Ct. 249 (1984), could be read as following the view stated in Chongris .	1	1988–1988
Chongris v. Board of Appeals green massappct · 1984 2 sentences 1988Since the adoption of the new Zoning Act (St. 1975, c. 808, § 3), a decision of this court, Chongris v. Board of Appeals of Andover, 17 Mass. App. Ct. 999 (1984), suggested, in a dictum, that the new statute might restrict standing to demand enforcement of zoning by-laws and ordinances to persons whose property is detrimentally affected by the alleged by-law violation. 1988Since the adoption of the new Zoning Act (St. 1975, c. 808, § 3), a decision of this court, Chongris v. Board of Appeals of Andover, 17 Mass. App. Ct. 999 (1984), suggested, in a dictum, that the new statute might restrict standing to demand enforcement of zoning by-laws and ordinances to persons whose property is detrimentally affected by the alleged by-law violation.	1	1988–1988
Metzger v. Town of Brentwood green nh · 1977 1 sentence 1982Metzger v. Brentwood, 117 N.H. 497 (1977), relied on by the plaintiff, is not such a case.	1	1982–1982
Gulf Oil Corp. v. Board of Appeals of Framingham green mass · 1969 1 sentence 1972The board, under such a by-law, has an area of discretion to deny a permit (see Gulf Oil Corp. v. Board of Appeals of Framingham, 355 Mass. 275, 277-278 ), and, if ascertainable standards are observed, to grant one.	1	1972–1972

Where else courts name it

MA 5 (1972–2016) PA 2 (1940–1976) MD 2 (1908–1916) DE 2 (1963–1963)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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