BAGLEY v. ILLYRIAN GARDENS, INC.


401 Mass. 822 (1988)

519 N.E.2d 1308

JOAN BAGLEY & others vs. ILLYRIAN GARDENS, INC., & another (and a companion case).

Supreme Judicial Court of Massachusetts, Worcester.

March 9, 1988.


Attorney(s) appearing for the Case

Burton Chandler (Beth C. Schuster with him) for Joan Bagley & others.

John W. Spillane for Paul Cahill.

David A. Talman (Michael Moschos with him) for Illyrian Gardens, Inc.

Jonathan Finkelstein, Assistant City Solicitor (Bridget Murphy with him) for Zoning Board of Appeals of Worcester.

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


HENNESSEY, C.J.

The plaintiffs appeal from a judgment entered by a judge in the Housing Court Department affirming the grant by the zoning board of appeals of Worcester (board) to the defendant Illyrian Gardens, Inc. (Illyrian), of a comprehensive permit to build under G.L.c. 40B, § 21 (1986 ed.).

Illyrian proposes to build subsidized housing for low and moderate income elderly and handicapped persons. After hearings, the board voted to grant Illyrian...

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