Fabiano et al v. City of Boston et al

Defendant's Memorandum of Law Post Trial


The plaintiffs, abutters to the defendant's property, challenged a zoning decision by the City of Boston to allow the defendant's tenant to include take out and delivery service at its existing pizzeria on the defendant's property.

The defendants, the Boston Zoning Board of Appeal and the property owner, claim that the plaintiffs lack standing to bring the action (under the Boston enabling act permitting "aggrieved persons" to appeal to the Superior Court)for want of particularized harm suffered by the plaintiff. The Court agreed and denied the appeal by the plaintiffs, after a bench trial, on April 15, 2008.

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Legal Memoranda: Post-Trial Motions | State, 1st Circuit, Massachusetts | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Callas, Felopulos & Ditelberg, LLP | Attorney Advertising

Written by:


Callas, Felopulos & Ditelberg, LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.