CAPONE v. SHATTUCK


1982 Mass. App. Div. 76 (1982)

Francis W.R. Capone and another vs. Willard I. Shattuck and others

Massachusetts Appellate Division, Western District.

March 10, 1982.


Attorney(s) appearing for the Case

Steven B. DiPace for the plaintiffs.

Timothy S. Hillman for the defendants.

James T. Van Buren for the intervenor/defendants.

Present: Walsh, P.J., Lenhoff & McGuane, JJ.


Walsh, P.J.

The plaintiffs, owners of property in the City of Fitchburg, petitioned the defendant zoning board of appeals for a finding that their premises were not being used in violation of the applicable zoning ordinance. By letter dated July 16, 1980, the superintendent of buildings had notified them that they were conducting a commercial landscaping business in a residential zone. The plaintiffs' petition...

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