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CAPE RESORT HOTELS, CORP. v. ALCOHOLIC LICENSING BD.

385 Mass. 205 (1982)

431 N.E.2d 213

CAPE RESORT HOTELS, INC. vs. ALCOHOLIC LICENSING BOARD OF FALMOUTH & another (and a companion case).

Supreme Judicial Court of Massachusetts, Barnstable.

February 5, 1982.

Attorney(s) appearing for the Case

Michael D. Kelly for Cape Resort Hotels, Inc.

Edward W. Kirk (Edward W. Farrell, Town Counsel, with him) for Falmouth Heights — Maravista Improvement Association & another.

Present: HENNESSEY, C.J., WILKINS, LIACOS, & LYNCH, JJ.

LYNCH, J.

This appeal involves the legality, as a nonconforming use under the zoning by-law of the town of Falmouth, of the current operation of a resort facility located in that town. The facility is owned by Cape Resort Hotels, Inc. (Cape Resort), and is known as the "Brothers Four." The appeal consists of two actions which were consolidated for trial. In the first action, Cape Resort seeks a declaratory judgment establishing its right to serve liquor without food...

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