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CLARK CLARK HOTEL v. BLDG. INSPECTOR, FALMOUTH

20 Mass. App. Ct. 206 (1985)

479 N.E.2d 699

CLARK & CLARK HOTEL CORP. & another vs. BUILDING INSPECTOR OF FALMOUTH.

Appeals Court of Massachusetts, Barnstable.

June 13, 1985.

Attorney(s) appearing for the Case

Frank K. Duffy, Jr., Town Counsel, for the defendant.

Present: DREBEN, KAPLAN, & WARNER, JJ.

DREBEN, J.

The facts present a garden variety zoning dispute between the owner and the operator of the Sheraton Inn in Falmouth (plaintiffs) and the zoning enforcement officer (defendant building inspector) of the town. The difficulty arises because of uncertainty as to the proper forum in light of Banquer Realty Co. v. Acting Bldg. Commr. of Boston, 389 Mass. 565 (1983).

The defendant appeals from a judgment...

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