MARTIN v. THE CORP. OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS


434 Mass. 141 (2001)

ARLEEN MARTIN & others v. THE CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS.

Supreme Judicial Court of Massachusetts, Middlesex.

May 16, 2001.


Attorney(s) appearing for the Case

Arthur P. Kreiger for the plaintiffs.

Paul Killeen (Edward J. Naughton with him) for the defendant.

James O. Fleckner & Andrew M. Fischer for The American Jewish Congress, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & SOSMAN, JJ.


MARSHALL, C.J.

May the Church of Jesus Christ of Latter-Day Saints (church) build a steeple atop its new temple on the highest hill of Belmont where the proposed steeple would rise higher than the dimensional requirements of the applicable Belmont zoning bylaw? The board of appeals of Belmont (board) said yes, but its decision was annulled by a judge in the Superior Court. The church appealed, and we granted its application for direct appellate review.

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