1,173,306 @ 4:49 PM MARCH 27
KNOW YOUR MEDFORD HISTORY!May 3, 1956 - ANCIENT HISTORY!!!!
AT THE DRIVE IN THEEE-A-TER!
MY GOOD FRIEND BRIAN S. BURKE HANDED ME THIS ONE DAY IN CITY HALL...NOT REALLY, BUT IT MAKES FOR GOOD COPY!
http://masscases.com/cases/sjc/334/334mass77.html
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After the case had been entered in this court four of the plaintiffs, Dello Russo (the mayor) and Skerry, McDermott and Pompeo (city councillors), presented motions to withdraw as parties plaintiff and these motions were allowed. Hence the only plaintiff now prosecuting the appeal is Carr, a member of the city council.
The defendants contend that the plaintiff Carr has no standing to prosecute the appeal and we think that this contention must be sustained. The statute governing appeals from decisions of the board of appeals provides that "Any person aggrieved by a decision of a board of appeals, whether or not previously a party to the proceeding, or any municipal officer or board, may appeal to the superior court sitting in equity for the county in which the land concerned is situated." It will be noted that the statute makes a distinction between an appeal by a private person on the one hand and one by "any municipal officer or board" on the other. In the former situation the appealing party must be a "person aggrieved," Circle Lounge & Grille, Inc. v. Board of Appeal of Boston, 324 Mass. 427; but there is no such requirement as to appeals by a municipal officer or board. Planning Board of Reading v. Board of Appeals of Reading, 333 Mass. 657, 662. While the statute does not undertake to limit the right of appeal to any particular class of municipal officer or board it was intimated in the case last cited that a municipal board seeking to appeal under the similarly worded predecessor of Section 21 (G. L. [Ter. Ed.] c. 40, Section 30, as appearing in St. 1933, c. 269, Section 1) must have duties which relate to the subject matter. In that case the appealing municipal board was the planning board of the town and it was held that it had standing to appeal under Section 30.
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