JEWISH CEMETERY ASSOCIATION OF MASSACHUSETTS, INC. v. BOARD OF APPEALS OF WAYLAND

No. 11-P-91.

85 Mass. App. Ct. 1105 (2014)

JEWISH CEMETERY ASSOCIATION OF MASSACHUSETTS, INC., & others v. BOARD OF APPEALS OF WAYLAND.

Appeals Court of Massachusetts.

March 7, 2014.


Decision Pursuant to Rule 1:28.

The judgment and the order denying JCAM's motion to amend the judgment are vacated. A new judgment is to enter annulling the decision of the Wayland board of appeals and declaring that JCAM's western cemetery proposal is for a religious purpose in the context of G. L. c. 40A, § 3, second par., and that the proposal is exempt from the earth movement provisions of the Wayland...

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