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WHITINSVILLE RETIREMENT SOCIETY, INC. v. NORTHBRIDGE

394 Mass. 757 (1985)

477 N.E.2d 407

WHITINSVILLE RETIREMENT SOCIETY, INC. vs. TOWN OF NORTHBRIDGE.

Supreme Judicial Court of Massachusetts, Worcester.

May 8, 1985.

Attorney(s) appearing for the Case

Jerry E. Benezra for the defendant.

James F. Bergin for the plaintiff.

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

ABRAMS, J.

The defendant, the town of Northbridge, appeals from a judgment that determined that the proposed use of land owned by the plaintiff, the Whitinsville Retirement Society, Inc., constituted and educational purpose within the meaning of G.L.c. 40A, § 3, and is not subject to any prohibition or limitation imposed by the Northbridge zoning by-law. The town asserts that a judge of the Land Court erred in finding that the plaintiff operated a nursing home...

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