grandfather clause in Massachusetts

9 Massachusetts opinions name it 2 courts 1949–2009 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 (13)

Case	Followed	Cited
Adamowicz v. Town of Ipswichgreen mass · 1985 · cited in 1 Massachusetts opinions naming this issue, 2007–2007 1 sentence 2007In 1967, see note 8, supra, the time of recording of the most recent instrument of record, see Adamowicz v. Ipswich, 395 Mass. 757, 762 (1985), parcels 1 and 2 were not held in common ownership with any adjoining land, each has at least 5,000 square feet of area (as combined) 9 and fifty feet of lot frontage, and, because of the applicable grandfather clause in the zoning law in effect in 1967, conformed to the then existing requirements for minimum lot area.	1	1
Alley v. Building Inspector of Danversgreen mass · 1968 · cited in 1 Massachusetts opinions naming this issue, 1989–1989 1 sentence 1989See Vetter v. Zoning Bd. of Appeal of Atteleboro, 330 Mass. 628, 630 (1953); Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 353 (1963); Alley v. Building Inspector of Danvers, 354 Mass. 6, 7-8 (1968); Raia v. Board of Appeals of North Reading, 4 Mass. App. Ct. 318, 322 (1976); Arrigo v. Planning Bd. of Franklin, 12 Mass. App. Ct. 802, 803-804 (1981); Gordon v. Zoning Bd. of Appeals of Lee, 22 Mass. App. Ct. 343, 349-350 (1986); Shafer v. Zoning Bd. of Appeals of Scituate, 24 Mass. App. Ct. 966, 967 (1987); DiCicco v. Berwick, ante 312, 313-314 (1989); Karet v. Zoning Bd. of Appeals o	1	1
Shafer v. Zoning Board of Appealsgreen massappct · 1987 · cited in 1 Massachusetts opinions naming this issue, 1989–1989 1 sentence 1989See Vetter v. Zoning Bd. of Appeal of Atteleboro, 330 Mass. 628, 630 (1953); Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 353 (1963); Alley v. Building Inspector of Danvers, 354 Mass. 6, 7-8 (1968); Raia v. Board of Appeals of North Reading, 4 Mass. App. Ct. 318, 322 (1976); Arrigo v. Planning Bd. of Franklin, 12 Mass. App. Ct. 802, 803-804 (1981); Gordon v. Zoning Bd. of Appeals of Lee, 22 Mass. App. Ct. 343, 349-350 (1986); Shafer v. Zoning Bd. of Appeals of Scituate, 24 Mass. App. Ct. 966, 967 (1987); DiCicco v. Berwick, ante 312, 313-314 (1989); Karet v. Zoning Bd. of Appeals o	1	1
Vetter v. Zoning Board of Appeal of Attleborogreen mass · 1953 · cited in 1 Massachusetts opinions naming this issue, 1989–1989 1 sentence 1989See Vetter v. Zoning Bd. of Appeal of Atteleboro, 330 Mass. 628, 630 (1953); Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 353 (1963); Alley v. Building Inspector of Danvers, 354 Mass. 6, 7-8 (1968); Raia v. Board of Appeals of North Reading, 4 Mass. App. Ct. 318, 322 (1976); Arrigo v. Planning Bd. of Franklin, 12 Mass. App. Ct. 802, 803-804 (1981); Gordon v. Zoning Bd. of Appeals of Lee, 22 Mass. App. Ct. 343, 349-350 (1986); Shafer v. Zoning Bd. of Appeals of Scituate, 24 Mass. App. Ct. 966, 967 (1987); DiCicco v. Berwick, ante 312, 313-314 (1989); Karet v. Zoning Bd. of Appeals o	1	1
Arrigo v. Planning Board of Franklingreen massappct · 1981 · cited in 1 Massachusetts opinions naming this issue, 1989–1989 1 sentence 1989See Vetter v. Zoning Bd. of Appeal of Atteleboro, 330 Mass. 628, 630 (1953); Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 353 (1963); Alley v. Building Inspector of Danvers, 354 Mass. 6, 7-8 (1968); Raia v. Board of Appeals of North Reading, 4 Mass. App. Ct. 318, 322 (1976); Arrigo v. Planning Bd. of Franklin, 12 Mass. App. Ct. 802, 803-804 (1981); Gordon v. Zoning Bd. of Appeals of Lee, 22 Mass. App. Ct. 343, 349-350 (1986); Shafer v. Zoning Bd. of Appeals of Scituate, 24 Mass. App. Ct. 966, 967 (1987); DiCicco v. Berwick, ante 312, 313-314 (1989); Karet v. Zoning Bd. of Appeals o	1	1
Sorenti v. Board of Appeals of Wellesleygreen mass · 1963 · cited in 1 Massachusetts opinions naming this issue, 1989–1989 2 sentences 1989See Vetter v. Zoning Bd. of Appeal of Atteleboro, 330 Mass. 628, 630 (1953); Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 353 (1963); Alley v. Building Inspector of Danvers, 354 Mass. 6, 7-8 (1968); Raia v. Board of Appeals of North Reading, 4 Mass. App. Ct. 318, 322 (1976); Arrigo v. Planning Bd. of Franklin, 12 Mass. App. Ct. 802, 803-804 (1981); Gordon v. Zoning Bd. of Appeals of Lee, 22 Mass. App. Ct. 343, 349-350 (1986); Shafer v. Zoning Bd. of Appeals of Scituate, 24 Mass. App. Ct. 966, 967 (1987); DiCicco v. Berwick, ante 312, 313-314 (1989); Karet v. Zoning Bd. of Appeals o 1989See Vetter v. Zoning Bd. of Appeal of Atteleboro, 330 Mass. 628, 630 (1953); Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 353 (1963); Alley v. Building Inspector of Danvers, 354 Mass. 6, 7-8 (1968); Raia v. Board of Appeals of North Reading, 4 Mass. App. Ct. 318, 322 (1976); Arrigo v. Planning Bd. of Franklin, 12 Mass. App. Ct. 802, 803-804 (1981); Gordon v. Zoning Bd. of Appeals of Lee, 22 Mass. App. Ct. 343, 349-350 (1986); Shafer v. Zoning Bd. of Appeals of Scituate, 24 Mass. App. Ct. 966, 967 (1987); DiCicco v. Berwick, ante 312, 313-314 (1989); Karet v. Zoning Bd. of Appeals o	1	1
Gordon v. Zoning Board of Appeals of Leegreen massappct · 1986 · cited in 1 Massachusetts opinions naming this issue, 1989–1989 1 sentence 1989See Vetter v. Zoning Bd. of Appeal of Atteleboro, 330 Mass. 628, 630 (1953); Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 353 (1963); Alley v. Building Inspector of Danvers, 354 Mass. 6, 7-8 (1968); Raia v. Board of Appeals of North Reading, 4 Mass. App. Ct. 318, 322 (1976); Arrigo v. Planning Bd. of Franklin, 12 Mass. App. Ct. 802, 803-804 (1981); Gordon v. Zoning Bd. of Appeals of Lee, 22 Mass. App. Ct. 343, 349-350 (1986); Shafer v. Zoning Bd. of Appeals of Scituate, 24 Mass. App. Ct. 966, 967 (1987); DiCicco v. Berwick, ante 312, 313-314 (1989); Karet v. Zoning Bd. of Appeals o	1	1
Raia v. Board of Appeals of North Readinggreen massappct · 1976 · cited in 1 Massachusetts opinions naming this issue, 1989–1989 1 sentence 1989See Vetter v. Zoning Bd. of Appeal of Atteleboro, 330 Mass. 628, 630 (1953); Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 353 (1963); Alley v. Building Inspector of Danvers, 354 Mass. 6, 7-8 (1968); Raia v. Board of Appeals of North Reading, 4 Mass. App. Ct. 318, 322 (1976); Arrigo v. Planning Bd. of Franklin, 12 Mass. App. Ct. 802, 803-804 (1981); Gordon v. Zoning Bd. of Appeals of Lee, 22 Mass. App. Ct. 343, 349-350 (1986); Shafer v. Zoning Bd. of Appeals of Scituate, 24 Mass. App. Ct. 966, 967 (1987); DiCicco v. Berwick, ante 312, 313-314 (1989); Karet v. Zoning Bd. of Appeals o	1	1
White Dove, Inc. v. Director of Division of Marine Fisheriesgreen mass · 1980 · cited in 1 Massachusetts opinions naming this issue, 1987–1987 1 sentence 1987Health, 372 Mass. 844, 855 (1977). “[N]o more need be discerned than some rational relation between the regulation and the empowering statute.” White Dove, Inc. v. Director of the Div. of Marine Fisheries, 380 Mass. 471, 477 (1980).	1	1
Consolidated Cigar Corp. v. Department of Public Healthgreen mass · 1977 · cited in 1 Massachusetts opinions naming this issue, 1987–1987 1 sentence 1987Health, 372 Mass. 844, 855 (1977). “[N]o more need be discerned than some rational relation between the regulation and the empowering statute.” White Dove, Inc. v. Director of the Div. of Marine Fisheries, 380 Mass. 471, 477 (1980).	1	1
Opinions of the Justices to the House of Representativesgreen mass · 1974 · cited in 1 Massachusetts opinions naming this issue, 1983–1983 1 sentence 1983The grandfather clause for that statute permits continuation of the former tax method for the duration of “negotiated agreements containing arrangements relating to real estate taxes or assessments with a city or town in which the facility is located.” This language may refer to contracts providing for-tax exemptions with legislative approval, see Opinions of the Justices, 365 Mass. 665, 675 (1974), or to those contracts based on a proper appraisal of the property.	1	1
Massachusetts Society of Graduate Physical Therapists, Inc. v. Board of Registration in Medicinegreen mass · 1953 · cited in 1 Massachusetts opinions naming this issue, 1976–1976 2 sentences 1976See Massachusetts Soc'y of Graduate Physical Therapists, Inc. v. Board of Registration in Medicine, 330 Mass. 601, 603 (1953). 1976See Massachusetts Socy of Graduate Physical Therapists, Inc. v. Board of Registration in Medicine, 330 Mass. 601, 603 (1953).	1	1
McDonald v. Thompsongreen scotus · 1938 · cited in 1 Massachusetts opinions naming this issue, 1949–1949 1 sentence 1949See McDonald v. Thompson, 305 U. S. 263 ; United States v. Maher, 307 U. S. 148 ; United States v. Carolina Freight Carriers Corp. 315 U. S. 475 .	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 (6)

Case	Cited	Years
Lindsay v. Board of Appeals of Milton green mass · 1972 1 sentence 2009Ibid.	1	2009–2009
Rourke v. Rothman green mass · 2007 1 sentence 2007Rourke v. Rothman, 448 Mass. at 196-198 .	1	2007–2007
Tsagronis v. Board of Appeals of Wareham green massappct · 1992 1 sentence 2005Adopting a similar analysis in this context, we held that the “ ‘then existing requirements’ were the more demanding dimensional requirements, not those requirements as temporarily suspended.” Tsagronis v. Board of Appeals of Wareham, 33 Mass. App. Ct. at 61 .	1	2005–2005
Gillis v. Mass. Cablevision, Inc. green mass · 1976 1 sentence 1977A grandfather clause with respect to licenses, appearing in St. 1971, c. 1103, § 4, was considered in Gillis v. Mass. Cablevision, Inc., 369 Mass. 526 (1976).	1	1977–1977
United States v. Maher green scotus · 1939 1 sentence 1949See McDonald v. Thompson, 305 U. S. 263 ; United States v. Maher, 307 U. S. 148 ; United States v. Carolina Freight Carriers Corp. 315 U. S. 475 .	1	1949–1949
United States v. Carolina Freight Carriers Corp. green scotus · 1942 1 sentence 1949See McDonald v. Thompson, 305 U. S. 263 ; United States v. Maher, 307 U. S. 148 ; United States v. Carolina Freight Carriers Corp. 315 U. S. 475 .	1	1949–1949

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 40A, § 6 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 25 (1962–2024) NM 16 (1998–2021) PA 16 (1942–2026) TN 15 (1976–2013) TX 12 (1963–2011) OH 12 (1990–2025) FL 12 (1963–2010) MA 9 (1949–2009) ME 9 (1970–2015) NH 9 (1979–2006) VA 9 (1975–2022) IL 8 (1955–2025) MD 8 (1957–2007) IN 7 (1989–2013) AL 6 (1977–1998) MI 6 (1973–2021) NJ 6 (1969–2002) WI 5 (1986–2021) MS 5 (1963–2018) NY 5 (1973–1992) LA 5 (1979–2005) GA 5 (1988–2023) WV 4 (1990–2026) NC 4 (1952–1997) WA 3 (2006–2007) OR 3 (1976–2022) MT 3 (1934–1982) MN 3 (1979–1995) VT 3 (2005–2021) KY 2 (1992–1999) NV 2 (1983–1994) CT 2 (1988–2012) SC 2 (1975–2020) WY 2 (2005–2014) OK 2 (1968–2003)

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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