Brockton Public Market, Inc. v. Board of Appeals

Massachusetts Supreme Judicial Court
Brockton Public Market, Inc. v. Board of Appeals, 357 Mass. 783 (Mass. 1970)
260 N.E.2d 222

Brockton Public Market, Inc. v. Board of Appeals

Opinion of the Court

This is an appeal from a final decree of the Superior Court that the board of appeals of the town of Sharon did not exceed its authority in denying a special permit for the construction of “a gasoline filling station within a parking lot of a shopping center in a Business District zone.” “The evidence . . . consisted of five exhibits, one of which is a Stipulation.” The parties also orally agreed on an additional fact. The trial judge’s ruling that the plaintiff does not have “an absolute right to a special permit” is correct. Gulf Oil Corp. v. Board of Appeals of Framingham 355 Mass. 275, 277. Likewise, there was no error in holding that the refusal to grant a special permit did not require detailed findings by the board of appeals. Ferrante v. Board of Appeals of Northampton, 345 Mass. 158, 162.

Decree affirmed.

Reference

Full Case Name
Brockton Public Market, Inc. v. Board of Appeals of Sharon
Cited By
6 cases
Status
Published