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.

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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.

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