Massachusetts Supreme Judicial Court

Shoucair v. Board of Appeal of Boston

July 10, 2024

Summary

The court held that a judge may require a bond for damages under the Boston zoning appeal statute without first finding that the appeal is so meritless as to support bad faith or malice. The statute's reference to damages materially differs from the Commonwealth-wide provision addressing costs, and the judge properly exercised discretion by balancing protection against frivolous appeals with access to meritorious appeals. The court found no abuse of discretion and affirmed the bond order.