ABBOTT v. APPLETON NURSING HOME, INC.


355 Mass. 217 (1969)

243 N.E.2d 912

FREDERICK W. ABBOTT & others vs. APPLETON NURSING HOME, INC. & another.

Supreme Judicial Court of Massachusetts, Middlesex.

January 15, 1969.


Attorney(s) appearing for the Case

Donald W. Suchma for the plaintiffs.

David Berman (Nelson P. Lovins with him) for Appleton Nursing Home, Inc.

Mark E. Gallagher, City Solicitor, for Board of Appeals of Medford, submitted a brief and was present but did not argue.

Present: WILKINS, C.J., CUTTER, KIRK, SPIEGEL, & REARDON, JJ.


CUTTER, J.

This bill (see G.L.c. 40A, § 21, as amended) seeks to set aside a zoning variance granted by the Medford board of appeals to Appleton Nursing Home, Inc. (Appleton) for structural additions to its nursing home. A demurrer by Appleton was overruled. On the merits, the trial judge sustained the board's action. He made a report of material facts. The plaintiffs appealed from the final decree. Appleton appeals from the interlocutory decree overruling its...

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