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CAPONE v. ZONING BOARD OF APPEALS OF FITCHBURG

389 Mass. 617 (1983)

451 N.E.2d 1141

FRANCIS W.R. CAPONE & another vs. ZONING BOARD OF APPEALS OF FITCHBURG & others. DENNIS SYRIOPOULOS & another vs. FRANCIS W.R. CAPONE & others.

Supreme Judicial Court of Massachusetts, Worcester.

July 6, 1983.

Attorney(s) appearing for the Case

Robert B. Bowen (Arthur Haley with him) for Dennis Syriopoulos & another.

Steven B. DiPace for Francis W.R. Capone & another.

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

LYNCH, J.

These two appeals raise related questions concerning the construction of two sections of G.L.c. 40A, The Zoning Act. The first case (Capone) is here on appeal from a decision of the Appellate Division of the District Courts which was rendered prior to our decision in Walker v. Board of Appeals of Harwich, 388 Mass. 42 (1983).5 The second case (Syriopoulos) which is an appeal from...

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