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9 Massachusetts opinions name it 2 courts 1962–2025 1 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.
| Case | Followed | Cited |
|---|---|---|
Prime v. Zoning Board of Appealsgreen1 sentence2025See Prime v. Zoning Bd. of Appeals of Norwell, 42 Mass. App. Ct. 796, 802-803 (1997) (special permit may not be denied to prohibit protected use or impose board's preference). | 1 | 1 |
KCI Management, Inc. v. Board of Appealgreen1 sentence2010KCI Mgmt., Inc. v. Board of Appeal of Boston, 54 Mass. App. Ct. 254, 262-263 (2002). | 1 | 1 |
Biotti v. Board of Selectmen of Manchestergreen1 sentence2004See Biotti v. Selectmen of Manchester, 25 Mass. App. Ct. 637, 640-641 (1988). | 1 | 1 |
Pendergast v. Board of Appealsgreen1 sentence2002The Land Court judge, hearing the matter de nova, Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 558-559 (1954), conducted a two-day'trial and ruled on March 8, 1999, that OS&G “cannot continue its current operations at locus without obtaining a special permit from the planning board.” The decision was based on the second and third tests of Bridgewater v. Chuckran, 351 Mass. 20, 23 (1966), and Powers v. Building Inspector of Barnstable, 363 Mass. 648, 663 (1973). 5 The judge found that the use by OS&G (1) constituted a change in the quality and character, as well as the degree, o | 1 | 1 |
Town of Bridgewater v. Chuckrangreen1 sentence2002The Land Court judge, hearing the matter de nova, Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 558-559 (1954), conducted a two-day'trial and ruled on March 8, 1999, that OS&G “cannot continue its current operations at locus without obtaining a special permit from the planning board.” The decision was based on the second and third tests of Bridgewater v. Chuckran, 351 Mass. 20, 23 (1966), and Powers v. Building Inspector of Barnstable, 363 Mass. 648, 663 (1973). 5 The judge found that the use by OS&G (1) constituted a change in the quality and character, as well as the degree, o | 1 | 1 |
Green v. Board of Appeal of Norwoodgreen2 sentences1988See Green v. Board of Appeal of Norwood, 358 Mass. 253, 258 (1970). 1988See Green v. Board of Appeal of Norwood, 358 Mass. 253, 258 (1970). | 1 | 1 |
Mahoney v. Board of Appeals of Winchestergreen1 sentence1962Compare the situations considered in Chilson v. Zoning Bd. of Appeal of Attleboro, 344 Mass. 406, 410-414 , and Mahoney v. Board of Appeals of Winchester, 344 Mass. 598, 600-602 . | 1 | 1 |
Chilson v. Zoning Board of Appeal of Attleborogreen1 sentence1962Compare the situations considered in Chilson v. Zoning Bd. of Appeal of Attleboro, 344 Mass. 406, 410-414 , and Mahoney v. Board of Appeals of Winchester, 344 Mass. 598, 600-602 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
SCIT, Inc. v. Planning Board of Braintree
green
2 sentences2004Delphic argues that the special permit requirement of art. 4.3, as in effect in 1984, see note 2, supra, was invalid in that it made every use within a C-I district subject to the grant of a special permit. 10 See SCIT, Inc. v. Planning Bd. of Braintree, 19 Mass. App. Ct. 101, 106-111 , (1984). 1988It begins by discussing SCIT, Inc. v. Planning Bd. of Braintree, 19 Mass. App. Ct. 101 (1984), suggesting that the special permit requirement of § 1260 (of the by-law) may be unconstitutionally overbroad, and ends with a contention that die court erred in not deferring to the judgment of the board of appeals. | 2 | 1988–2004 |
Powers v. Building Inspector of Barnstable
green
1 sentence2002The Land Court judge, hearing the matter de nova, Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 558-559 (1954), conducted a two-day'trial and ruled on March 8, 1999, that OS&G “cannot continue its current operations at locus without obtaining a special permit from the planning board.” The decision was based on the second and third tests of Bridgewater v. Chuckran, 351 Mass. 20, 23 (1966), and Powers v. Building Inspector of Barnstable, 363 Mass. 648, 663 (1973). 5 The judge found that the use by OS&G (1) constituted a change in the quality and character, as well as the degree, o | 1 | 2002–2002 |
Chongris v. Board of Appeals
green
2 sentences1988Since 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 |
Todd v. Board of Appeals of Yarmouth
green
1 sentence1969Todd v. Board of Appeals of Yarmouth, 337 Mass. 162, 168 . | 1 | 1969–1969 |
Wrona v. Board of Appeals of Pittsfield
green
1 sentence1965Such an extension would constitute “a variance from the . . . [by-law], and must be sought under the variance procedure, GL L. c. 40A, § 15, and not by way of a special permit under an exception.” Wrona v. Board of Appeals of Pittsfield, 338 Mass. 87, 89-90 . | 1 | 1965–1965 |
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.
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.