SJC: TALMO vs. ZBA OF FRAMINGHAM

KeywordsZoning, Person aggrieved. Practice, Civil, Zoning appeal, Standing, Presumptions and burden of proof, Findings by judge

In its decision today the SJC addressed the question of whether the trial judge could determine sua sponte that a direct abutter’s presumptive standing was rebutted where the defendants did not press the issue at trial.  The Court concluded that in the circumstances of the case the judge properly reached the question and affirmed the judgment of dismissal.  Click here for the full text of today’s decision.  MMLA Vice President Peter Mello represented Framingham on this appeal.

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