SHALBEY v. BOARD OF APPEAL OF NORWOOD


6 Mass. App. Ct. 521 (1978)

378 N.E.2d 1001

JOHN H. SHALBEY & another vs. BOARD OF APPEAL OF NORWOOD & another.

Appeals Court of Massachusetts, Norfolk.

August 1, 1978.


Attorney(s) appearing for the Case

Robert C. Capasso for the plaintiffs.

Neil L. Lynch for the defendants.

Present: HALE, C.J., GRANT, & ARMSTRONG, JJ.


ARMSTRONG, J.

This is an action seeking the annulment of a decision by which the defendant board granted to the defendant Jan Co., Inc. (the applicant), a special permit for the operation of a fast-food Burger King restaurant in a district zoned for manufacturing. The plaintiffs, who own premises abutting the locus in the same zoning district, appeal from a judgment upholding the decision.

1. The most substantial of the issues raised by the appeal is the plaintiffs...

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