Reduction in property value held not sufficient to give an abutting neighbor standing to challenge a zoning decision to allow a group home for veterans to be created

Massachusetts law allows abutters to challenge zoning permit decisions only if they can show that they are affected by those decisions. In Walsh v. Town of Dennis Planning Bd.,26 LCR 89, 2018 Mass. LCR LEXIS 24 (Mass. Land Ct. 2018), the court clarified that the abutter needs to show harm to use of enjoyment of land and that a mere claimed reduction in fair market value is not sufficient to grant standing to challenge a zoning decision granting a special permit.

The court's ruling was based on an interpretation of the town's by-law, suggesting that the result might be different if municipal or state law provided otherwise.

See also: Zoning