Pioneer Insulation & Modernizing Corp. V. by Supreme Judicial Court of Massachusetts

Pioneer Insulation & Modernizing Corp. V.

By Supreme Judicial Court of Massachusetts

  • Publication Date: 1954-07-06
  • Genre: Law

Book Synopsis

In a suit in equity in the Superior Court by way of appeal from a decision of the board of appeals of a city granting a landowner the right to use and occupy his land for a use not conforming to the zoning ordinance, a finding by the Judge that the nonconforming use had been discontinued did not render the matter of discontinuance res judicata as against the landowner in a subsequent proceeding in the Land Court by him against the city to determine the validity of a provision of the ordinance respecting discontinuance of nonconforming uses where it appeared that he had not been a party or a privy to the equity suit and had exercised no control over its conduct, although he had assisted the board of appeals in its defence and had attended the trial thereof. [563-564] A discontinuance of a nonconforming use within the meaning of a provision of a zoning ordinance or by-law forbidding the reestablishment of such a use after it has been discontinued for a specified period results from concurrence of an intent to abandon and voluntary conduct, whether affirmative or negative, which carries the implication of abandonment. [564-565]

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