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THE BIBLE SPEAKS v. BOARD OF APPEALS OF LENOX

8 Mass. App. Ct. 19 (1979)

391 N.E.2d 279

THE BIBLE SPEAKS vs. BOARD OF APPEALS OF LENOX (and four companion cases).

Appeals Court of Massachusetts, Berkshire.

July 3, 1979.

Attorney(s) appearing for the Case

Hugh C. Cowhig, Town Counsel (David O. Burbank with him) for the defendants.

Andrew T. Campoli, for the plaintiff, submitted a brief.

Present: ARMSTRONG, GREANEY, & KASS, JJ.

GREANEY, J.

These appeals raise the question whether a town may require an application for a special permit for all new religious and educational uses, or changes in such uses, in residential districts consistent with the provisions of G.L.c. 40A, § 3, as appearing in St. 1975, c. 808, § 3.2 Specifically, we must decide whether the plaintiff, a sectarian educational institution, should have been granted building permits for certain...

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