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REDSTONE v. BOARD OF APPEALS OF CHELMSFORD

11 Mass. App. Ct. 383 (1981)

416 N.E.2d 543

EDWARD S. REDSTONE & another vs. BOARD OF APPEALS OF CHELMSFORD & others.

Appeals Court of Massachusetts, Middlesex.

February 13, 1981.

Attorney(s) appearing for the Case

Loring A. Cook, III (Paula J. Popeo with him) for the plaintiffs.

Richard L. Fox for Alfred E. Wilson & another.

Present: PERRETTA, ROSE, & KASS, JJ.

KASS, J.

Upon the pleadings, affidavits in support of motions for summary judgment, and a stipulation of the parties, the following undisputed facts were developed:

Alfred E. Wilson, as trustee of Old Landmark Realty Trust, obtained a variance from the board of appeals of Chelmsford to allow parking in the side yard of his premises at One Chelmsford Street at points closer to an abutting lot than the zoning...

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