GUIDI v. TOWN OF AGAWAM, 358 Mass. 812 (1970)

265 N.E.2d 914

DAVID M. GUIDI others vs. TOWN OF AGAWAM.

Supreme Judicial Court of Massachusetts.
December 30, 1970.

The judge of the Land Court on a petition under G.L.c. 240, § 14A, and c. 185, § 1 (j), upheld the validity of an amendment to the zoning by-law of Agawam whereby the locus was reclassified from an agricultural district to a business A district. The petitioners appeal. There was no error. Neither party offered testimony but stipulated certain facts. The judge concluded that there was no failure to comply with notice requirements, that there was insufficient proof that the proposed change constituted spot zoning (Morgan v. Banas, 331 Mass. 694, Cohen v Lynn, 333 Mass. 699) and, finally, that the imperfect reference in the warrant to the locus (as being in an agricultural district whereas it was in fact mainly in an agricultural district but in part in a residential A-2 district) was not, in the circumstances, fatal to the validity of the vote adopting the amendment. We see no reason to disturb the judge’s decision.

Decision affirmed.

John R. Auchter for the petitioners.

jdjungle

Share
Published by
jdjungle

Recent Posts

COMMONWEALTH v. BORGOS, 464 Mass. 23 (2012)

Commonwealth v. Borgos, 464 Mass. 23 (2012) Dec 21, 2012 · Massachusetts Supreme Judicial Court 464 Mass.…

2 months ago

COMMONWEALTH V. JONES, 464 Mass. 16 (2012)

Commonwealth v. Jones, 464 Mass. 16 (2012) Dec 18, 2012 · Massachusetts Supreme Judicial Court 464 Mass.…

2 months ago

CROCKER v. TOWNSEND OIL CO., 464 Mass. 1 (2012)

Charles Edward Crocker & another1 vs. Townsend Oil Company, Incorporated, & others.2 Essex. September 4, 2012.…

2 months ago

COMMONWEALTH v. BUSWELL, 83 Mass. App. Ct. 1 (2012)

Commonwealth v. Buswell, 83 Mass. App. Ct. 1 (2012) Dec 12, 2012 · Massachusetts Appeals Court · No. 10-P-1556…

2 months ago

XL Specialty Insurance Company v. Massachusetts Highway Department, 31 Mass. L. Rptr. 147 (2013)

XL Specialty Insurance v. Massachusetts Highway Department Massachusetts Superior Court 31 Mass. L. Rptr. 147…

4 months ago

CLARK v. BOARD OF REGISTRATION OF SOCIAL WORKERS, 464 Mass. 1008 (2013)

464 Mass. 1008 (2013)980 N.E.2d 928 SANDRA CLARK v. BOARD OF REGISTRATION OF SOCIAL WORKERS.…

4 months ago