GRADY v. ZONING BOARD OF APPEALS OF PEABODY

No. SJC-11267.

465 Mass. 725 (2013)

MARY E. GRADY v. ZONING BOARD OF APPEALS OF PEABODY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 10, 2013.


Attorney(s) appearing for the Case

William R. DiMento ( Debora T. Newman with him) for the plaintiff.

Louis J. Muggeo for Arthur Stefanidis & another.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


DUFFLY, J.

This case presents the question whether a properly-granted zoning variance may be deemed to have "taken effect" pursuant to G. L. c. 40A, § 11, where it was not recorded with the registry of deeds within the one-year lapse period set forth in G. L. c. 40A, § 10, but was recorded eleven days thereafter, and where the holders have substantially relied upon it. The question whether a variance will take effect if the holders have substantially relied...

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