Board of Appeals v. Housing Appeals Committee

Massachusetts Appeals Court

Board of Appeals v. Housing Appeals Committee

363 N.E.2d 548, 5 Mass. App. Ct. 838

CourtMassachusetts Appeals Court

DecidedJune 10, 1977

StatusPublished

Cited by1 cases

This text of 363 N.E.2d 548 (Board of Appeals v. Housing Appeals Committee) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Board of Appeals v. Housing Appeals Committee, 363 N.E.2d 548, 5 Mass. App. Ct. 838 (Mass. Ct. App. 1977).

Pincite

Opinion

1. The principal contention of the plaintiff board — that the defendant Housing Appeals Committee (H.A.C.) failed to take into account the city’s long range planning considerations as well as its general record in making provision for low income housing — is without merit. It is apparent from page eleven of the decision that H.A.C. was fully aware of, and acted in accordance with, its statutory responsibility as explained in Board of Appeals of Hanover v. Housing Appeals Comm. 363 Mass. 339, 367 (1973). 2. The judge correctly ruled that the board may not complain of the failure of H.A.C. to render its decision within the thirty-day period set forth in G. L. c. 40B, § 22. That section makes it clear that, if the time limit is other than directory (see Boston v. Barry, 315 Mass. 572, 578 [1944]), it is intended to confer a right only on the applicant for the permit, and that the board has no standing to complain of the delay.

Judgment affirmed.

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1. The principal contention of the plaintiff board — that the defendant Housing Appeals Committee (H.A.C.) failed to take into account the city’s long range planning considerations as well as its general record in making provision for low income housing — is without merit. It is apparent from page eleven of the decision that H.A.C. was fully aware of, and acted in accordance with, its statutory responsibility as explained in Board of Appeals of Hanover v. Housing Appeals Comm. 363 Mass. 339, 367 (1973). 2. The judge correctly ruled that the board may not complain of the failure of H.A.C. to render its decision within the thirty-day period set forth in G. L. c. 40B, § 22. That section makes it clear that, if the time limit is other than directory (see Boston v. Barry, 315 Mass. 572, 578 [1944]), it is intended to confer a right only on the applicant for the permit, and that the board has no standing to complain of the delay.

Judgment affirmed.

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Bluebook (online)

363 N.E.2d 548, 5 Mass. App. Ct. 838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-appeals-v-housing-appeals-committee-massappct-1977.

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