Brockton Public Market, Inc. v. Board of Appeals

Massachusetts Supreme Judicial Court

Brockton Public Market, Inc. v. Board of Appeals

260 N.E.2d 222, 357 Mass. 783

CourtMassachusetts Supreme Judicial Court

DecidedJune 11, 1970

StatusPublished

Cited by6 cases

This text of 260 N.E.2d 222 (Brockton Public Market, Inc. v. Board of Appeals) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

Opinion

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.

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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.

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Bluebook (online)

260 N.E.2d 222, 357 Mass. 783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brockton-public-market-inc-v-board-of-appeals-mass-1970.

Opinion

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