Massachusetts Supreme Judicial Court, 1967

Allen v. Board of Appeals

Allen v. Board of Appeals
Massachusetts Supreme Judicial Court · Decided February 3, 1967
351 Mass. 714; 223 N.E.2d 804
Allen v. Board of Appeals

Cases that cite this one

4 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

This is an appeal from a final decree of the Superior Court annulling a decision of the board of appeals of the city of Fall River which granted a variance for the construction of a gasoline service station on land in a general residential zoning district. The trial judge ruled that the board “fails to state the existence of each of the prerequisites to the granting of a variance.” G. L. c. 40A, § 15. We agree and see no need to repeat the legal principle involved in this case. Barnhart v. Board of Appeals of Scituate, 343 Mass. 455.

Decree affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.