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DOWLING v. BOARD OF HEALTH OF CHILMARK

No. 89-P-252.

28 Mass. App. Ct. 547 (1990)

552 N.E.2d 866

JEANNE C. DOWLING & another vs. BOARD OF HEALTH OF CHILMARK.

Appeals Court of Massachusetts, Dukes County.

April 23, 1990.

Attorney(s) appearing for the Case

E. Peter Mullane for the plaintiffs.

Thomas B. Bracken for the defendant.

Present: WARNER, C.J., KASS, & FINE, JJ.

FINE, J.

The plaintiffs own two lots in Chilmark separated by Tabor House Road, a way used by the public at least since 1968, and probably since 1849. The lot easterly of the road contains over ten acres. The lot westerly of the road (the subject lot) is much smaller, containing approximately 17,000 square feet. Both lots are located in an area zoned for residential or agricultural use. The plaintiffs want to construct a residence on the subject lot, but it is significantly...

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