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FITCHBURG HOUSING AUTHORITY v. BD. OF ZONING APPEALS

380 Mass. 869 (1980)

406 N.E.2d 1006

FITCHBURG HOUSING AUTHORITY & another vs. BOARD OF ZONING APPEALS OF FITCHBURG & another.

Supreme Judicial Court of Massachusetts, Worcester.

June 12, 1980.

Attorney(s) appearing for the Case

William Link, III (Charles E. Cashman with him) for the plaintiffs.

Timothy S. Hillman for the defendants.

Francis X. Bellotti, Attorney General, Carl Valvo, Assistant Attorney General, & Ann Futter, Legal Assistant to the Attorney General, for the Department of Mental Health, amicus curiae, submitted a brief.

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

WILKINS, J.

The dispositive issue in this case is whether a facility, proposed to be operated by the North Central Massachusetts Mental Health Association, Inc. (Association), on premises owned by the Fitchburg Housing Authority (Housing Authority), is a public educational use which the Fitchburg zoning ordinance may not forbid. The Association proposes to operate a residential facility in which formerly institutionalized...

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