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COMMR. OF CODE INSPECTION v. WORCESTER DYNAMY

11 Mass. App. Ct. 97 (1980)

413 N.E.2d 1151

COMMISSIONER OF CODE INSPECTION OF WORCESTER vs. WORCESTER DYNAMY, INC.

Appeals Court of Massachusetts, Worcester.

December 29, 1980.

Attorney(s) appearing for the Case

James H. Barnhill for the defendant.

Bennett S. Gordon, Assistant City Solicitor, for the plaintiff.

Present: BROWN, DREBEN, & NOLAN, JJ.

DREBEN, J.

The commissioner of code inspection of the city of Worcester brought this action seeking to enjoin Worcester Dynamy, Inc. (Dynamy), from operating an off-campus dormitory at 17 Hamden Street in Worcester. Under the city's zoning ordinance, a lodging house or dormitory may be operated in the residential district in which 17 Hamden Street is located only if a special permit is obtained from the board of appeals.1 Dynamy did not...

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