KCI Management, Inc. v. Board of Appeal of Boston

54 Mass. App. Ct. 254, 764 N.E.2d 377 (2002)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

KCI Management, Inc. v. Board of Appeal of Boston

Massachusetts Court of Appeals
54 Mass. App. Ct. 254, 764 N.E.2d 377 (2002)

  • Written by Tanya Munson, JD

Facts

KCI Management, Inc. (KCI) (plaintiff) applied for building and conditional-use permits to construct 23 single-family homes on land it owned in the Hyde Park section of Boston. KCI’s parcel was in a residential district that allowed single-family residential homes to be constructed as a matter of right. A portion of KCI’s parcel was within a Greenbelt Protection Overlay District (GPOD). Boston’s board of appeal (the board) (defendant) denied KCI’s applications because KCI did not satisfy all the conditions required for the board to grant permits under the GPOD regulatory scheme. KCI filed a complaint in district court alleging that the board’s decision was arbitrary and capricious because KCI had met all of the applicable conditions entitling KCI to the permits it applied for. KCI also sought a declaration that the GPOD regulatory scheme violated the uniformity requirement of Boston’s Zoning Enabling Act by transforming uses of right into conditional uses. The district court found that the GPOD regulatory scheme and the requirement that landowners within a GPOD obtain a conditional-use permit for any use violated the zoning enabling act.

Rule of Law

Issue

Holding and Reasoning (Duffly, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership