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HARBOR SCHOOLS v. BOARD OF APPEALS OF HAVERHILL

5 Mass. App. Ct. 600 (1977)

366 N.E.2d 764

HARBOR SCHOOLS, INC. & others vs. BOARD OF APPEALS OF HAVERHILL & another (and a companion case).

Appeals Court of Massachusetts, Essex.

August 19, 1977.

Attorney(s) appearing for the Case

Donald G. Tye (Edward J. Barshak with him) for the Board of Appeals of Haverhill & another.

James P. Cassidy, Jr., for Harbor Schools, Inc. & others.

Present: KEVILLE, GOODMAN, & ARMSTRONG, JJ.

GOODMAN, J.

These are appeals from two judgments, each in an action in the Superior Court, both of which upheld a claim made under G.L.c. 40A, § 2,3 by Harbor Schools, Inc. (Harbor Schools), that it is entitled to operate a facility on the premises without regard to the use restrictions of the Haverhill zoning ordinance. One of the actions (see fn. 1) is an appeal under G.L.c. 40A, § 21, from the decision of the board of appeals...

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