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INSPECTOR OF BLDG., SALEM v. SALEM ST. COLLEGE

No. 89-P-1086.

28 Mass. App. Ct. 92 (1989)

546 N.E.2d 388

INSPECTOR OF BUILDINGS OF SALEM vs. SALEM STATE COLLEGE & another.

Appeals Court of Massachusetts, Essex.

November 24, 1989.

Attorney(s) appearing for the Case

Thomas B. Bracken for the plaintiff.

Peter J. Harrington for Massachusetts State College Building Authority.

Present: KASS, DREBEN, & FINE, JJ.

KASS, J.

In County Commissioners of Bristol v. Conservation Commn. of Dartmouth, 380 Mass. 706, 713 (1980), the court, examining G.L.c. 40A, § 3, decided that municipal zoning regulations did not extend to land or structures on "land ... owned or leased by the Commonwealth or by its bodies politic and devoted to an essential governmental function." The question now presented is whether there is latent in §...

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