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TAMERLANE REALTY v. BD. OF APP., PROVINCETOWN

23 Mass. App. Ct. 450 (1987)

503 N.E.2d 464

TAMERLANE REALTY TRUST & another vs. BOARD OF APPEALS OF PROVINCETOWN.

Appeals Court of Massachusetts, Barnstable.

January 30, 1987.

Attorney(s) appearing for the Case

Richard J. Fallon for the defendant.

Evan T. Lawson for the plaintiffs.

Present: BROWN, PERRETTA, & FINE, JJ.

BROWN, J.

The board of appeals of Provincetown (board) appeals from a judgment of the Superior Court which annulled its decision refusing the Red Inn a special permit to alter a preexisting nonconforming use.

On January 12, 1984, the Red Inn, owned and operated by R & J Abare Realty Trust and Red Inn Corp., now succeeded by Tamerlane Realty Trust and Tamerlane Corporation (we shall refer to these collectively as Red Inn), applied to the board for a special...

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