[PDF] Top 20 Chapter 15: Land Use Planning Law

... Under General Laws, Chapter 40A, Section 6, no zoning ordinance or by-law, including both original zoning and later amendments thereto, can be adopted by the loc[r] ... See full document

... The Supreme Judicial Court reviewed the purpose of the hearing before the planning board and concurred with the lower court which had distinguished the critical [r] ... See full document

... practices. The Law allows developers to avoid exclusionary zoning de- vices by obtaining comprehensive building permits from zoning boards of appeals, instead of obtaining[r] ... See full document

... The Supreme Judicial Court ruled that, notwith- standing the fact that ordinarily under the provisions of General Laws, Chapter 40A, Section 7 A, the zoning applicable at [r] ... See full document

... The plaintiff had prevailed below on the theory that his plan was not subject to the by-law, which was not yet perfected law at the time; that the purported disap[r] ... See full document

... As a consequence, at the time of the original appeal to the zoning board, petitioner was not a person aggrieved by an order or decision made in violation of "any provis[r] ... See full document

... 2 The majority thus found that the decision of the selectmen in this case cannot be considered arbitrary and capricious, as held by the Superior Court, at leas[r] ... See full document

... In October, 1979, the North Carolina Supreme Court handed down a decision on one of the most significant land-use planning cases to be heard by that Court.. Among the planning-law.[r] ... See full document

... The Court rejected the contentions that shift- ing from the permitted uses section to the special permit section, removing tennis courts from the final adopted sec[r] ... See full document

... 27 The uses the trial court had found, such as agriculture, recreation, birdwatching, kite flying, protection of a view, and conservation, were ruled not to be pr[r] ... See full document

... Appealing from the decision in the housing court, the plaintiffs con- tended that the Board exceeded its authority in granting the special permits in several ways: (1) si[r] ... See full document

... Initially, the Appeals Court noted that it was satisfied with the result reached by the trial judge in all but the decision concerning the lights.21 The court [r] ... See full document

... The wording of section 17, however, does not specifically address judicial review of constructive approval. Thus, a significant dilemma arises concerning the appropriate time for ch[r] ... See full document

... The Supreme Judicial Court noted the zoning enabling act provision for appeals to local boards of appeals upon denial of a per- mit,2 and that Natick provides for such[r] ... See full document

... Supreme Judicial Court held that the Department, under General Laws, Chapter 40A, Section 10, may, after public notice and hearing, exempt a building or land to be [r] ... See full document

... Lastly, in order to complete the administra- tive powers given to the planning board by the foregoing sections and to insure a practical and reasonable administratio[r] ... See full document

... R & P Realty Corp." In that case, the Court held that final action of a plan- ning board in approving a subdivision control plan occurred upon the board's filing it[r] ... See full document

... Supreme Court of New Hampshire ruled that the state's statutory scheme for placing developmentally impaired individuals in various locations throughout the state furthered [r] ... See full document

... The Lome/is case reaffirms the traditional rule regarding chapter 40A, section 17. The findings of local administrative bodies in Massachusetts do not constitute evidence use[r] ... See full document

... In reversing the superior court and annulling the decision of the board, the Appeals Court noted that the board lacked the authority to grant Marasco either a special per[r] ... See full document