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SLEEPER v. OLD KING'S HIGHWAY REG. HIST. DIST.

11 Mass. App. Ct. 571 (1981)

417 N.E.2d 987

DONALD H. SLEEPER vs. OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION.

Appeals Court of Massachusetts, Barnstable.

March 13, 1981.

Attorney(s) appearing for the Case

Duane P. Landreth for the plaintiff.

James R. Wilson for the defendant.

Present: GREANEY, ROSE, & KASS, JJ.

KASS, J.

Donald H. Sleeper is an amateur radio operator who desires to erect an antenna sixty-eight feet high in the backyard of his residence in East Dennis. It is his misfortune that his home is located in the Old King's Highway Regional Historic District, established by St. 1973, c. 470, as amended by St. 1975, c. 298; St. 1975, c. 845; St. 1976, c. 273; and St. 1977, c. 38 (hereinafter the Act). Under § 6 of the Act, no structure may be erected within the...

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