BERLINER v. FELDMAN


363 Mass. 767 (1973)

298 N.E.2d 153

WILLIAM M. BERLINER & others vs. MICHAEL L. FELDMAN & others.

Supreme Judicial Court of Massachusetts, Essex.

June 22, 1973.


Attorney(s) appearing for the Case

Ansel B. Chaplin (Roger D. Feldman with him) for the plaintiffs.

Israel Bloch (James H. Bagshaw with him) for Michael L. Feldman.

Dwain B. Smith, Town Counsel, for the Town of Rockport, submitted a brief.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, HENNESSEY, & WILKINS, JJ.


WILKINS, J.

This bill for declaratory relief concerns rights under the Rockport zoning by-law of the owner of a preexisting nonconforming inn, principally his rights following the destruction of the inn by fire.

Turk's Head Inn (the Inn) was operated as a summer hotel in Rockport from 1888 through 1963 when operation of the Inn ceased, although, as the judge ruled, the use was not abandoned in the zoning sense. See Morin v. Board of Appeals of Leominster...

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