LOPES v. BOARD OF APPEALS OF FAIRHAVEN

No. 88-P-958.

27 Mass. App. Ct. 754 (1989)

543 N.E.2d 421

ANTONE P. LOPES vs. BOARD OF APPEALS OF FAIRHAVEN & others.

Appeals Court of Massachusetts, Bristol.

September 6, 1989.


Attorney(s) appearing for the Case

Andrew S. Koczera for the plaintiff.

Daniel C. Perry for Jeffrey Sullivan & another.

Present: GREANEY, C.J., ARMSTRONG, & PERRETTA, JJ.


ARMSTRONG, J.

In 1981 the Sullivans, as potential buyers of a residential lot lacking adequate frontage to comply with the Fairhaven zoning by-law, applied together with the owner for a zoning variance. This was granted by the board of appeals, and the board's decision was sustained in the Superior Court over a challenge by Lopes, who owns an adjacent parcel. Lopes did not appeal from that judgment.

The Sullivans then purchased the lot, intending to build...

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