Buccaneer Development, Inc. v. Zoning Board of Appeals
83 Mass. App. Ct. 40
Mass. App. Ct.2012Background
- Buccaneer sought a 23-unit retirement community permit from Lenox zoning board; Land Court permit session had original jurisdiction for large projects; case transferred to Housing Court via statute; Buccaneer moved to remand to Land Court; Housing Court later conducted bench trial and upheld the board’s denial; issue is whether Housing Court had subject matter jurisdiction over permit-based actions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Housing Court had subject matter jurisdiction over permit-based action | Buccaneer argues permit session governs; Housing Court lacks jurisdiction | Board argued Housing Court jurisdiction is proper due to action filed there | Housing Court lacks jurisdiction; remand to Housing Court for appropriate ruling |
Key Cases Cited
- Norfolk & Dedham Mut. Fire Ins. Co. v. Morrison, 456 Mass. 463 (2010) (limits on implied expansion of statutes; interpret statute in light of plain meaning)
- Wachovia Bank, Natl. Assn. v. Schmidt, 546 U.S. 303 (2006) (statutory interpretation; cannot infer broader jurisdiction)
- Knowlton v. Swampscott, 280 Mass. 69 (1932) (general principle: when a statute covers the field, other provisions are superseded)
- Bagley v. Illyrian Gardens, Inc., 401 Mass. 822 (1988) (permit-specific statutes control over general permit-related provisions)
- Beeler v. Downey, 387 Mass. 609 (1982) (legislative language should not be implied where not present)