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CLARK v. BOARD OF APPEALS OF NEWBURY

348 Mass. 407 (1965)

204 N.E.2d 434

ALEXANDER M. CLARK & another vs. BOARD OF APPEALS OF NEWBURY & others.

Supreme Judicial Court of Massachusetts, Essex.

February 1, 1965.

Attorney(s) appearing for the Case

Bernard J. Lojko for the defendants.

Harvey Beit for the plaintiffs.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, KIRK, & REARDON, JJ.

REARDON, J.

In 1959 the town of Newbury adopted a zoning by-law which provided for two types of use districts, agricultural-residential and industrial. The defendant Walton Bros. Inc. (Walton) had, prior to the adoption of the zoning by-law, erected a one story building in an agricultural-residential district. This building was utilized for commercial purposes and was occupied at the time of the passage of the by-law only by Walton. Subsequent thereto it was tenanted...

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