GARDNER-ATHOL AREA MENTAL HLTH. v. ZONING BD OF APPEALS


401 Mass. 12 (1987)

513 N.E.2d 1272

GARDNER-ATHOL AREA MENTAL HEALTH ASSOCIATION, INC. & another vs. ZONING BOARD OF APPEALS OF GARDNER & others.

Supreme Judicial Court of Massachusetts, Worcester.

October 8, 1987.


Attorney(s) appearing for the Case

Martin Ames for Gardner-Athol Area Mental Health Association, Inc.

Suzanne E. Durrell, Assistant Attorney General, for Department of Mental Health.

John B. Barrett, City Solicitor (Anthony E. Penski, Assistant City Solicitor, with him) for the defendants.

Kenneth N. Margolin, for Massachusetts Association of Private 766 Schools, Inc., & another, amici curiae, submitted a brief.

Robert D. Fleischner, Matthew Engel, William G. Crane, Robert Weber, David Engle, Anna Alford & Deborah Filler, for Massachusetts Association for Mental Health, Inc., & others, amici curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


WILKINS, J.

The Gardner-Athol Area Mental Health Assocation, Inc. (GAAMHA), supported by the Department of Mental Health (department), argues that, because GAAMHA is a "nonprofit educational corporation" and because its proposed use of premises in Gardner as a residential care facility would be a use of the premises for "educational purposes," the Gardner zoning ordinance may not lawfully forbid GAAMHA's proposed use of premises for a residential care facility for...

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