SCIT, INC. v. PLANNING BOARD OF BRAINTREE


19 Mass. App. Ct. 101 (1984)

472 N.E.2d 269

SCIT, INC. vs. PLANNING BOARD OF BRAINTREE & another.

Appeals Court of Massachusetts, Norfolk.

December 21, 1984.


Attorney(s) appearing for the Case

Robert T. Smart, Jr., for the defendants.

Charles C. Ames for the plaintiff.

Present: GREANEY, C.J., CUTTER, & WARNER, JJ.


GREANEY, C.J.

Although many issues have been argued, we need only decide one question in this case: whether the Braintree zoning by-law may make, consistent with G.L.c. 40A, The Zoning Act,2 all uses in a business district conditional on the issuance of a discretionary special permit.

SCIT, between 1960 and 1981, was the primary developer of approximately ninety-one acres of land in a business district located at the junction...

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