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MAURICE CALLAHAN v. BOARD OF APPEALS OF LENOX

No. 89-P-48.

30 Mass. App. Ct. 36 (1991)

565 N.E.2d 813

MAURICE CALLAHAN & SONS, INC. vs. BOARD OF APPEALS OF LENOX.

Appeals Court of Massachusetts, Berkshire.

January 30, 1991.

Attorney(s) appearing for the Case

Philip F. Heller (Lori A. Jarrett with him) for the plaintiff.

Hugh C. Cowhig, Town Counsel, for the defendant.

Present: DREBEN, SMITH, & JACOBS, JJ.

JACOBS, J.

Two of the plaintiff's billboards have adorned the easterly side of conjoined Routes 7 and 20 in the town of Lenox since 1934. In 1987, their existence at that location was imperiled by the defendant board's denial of the plaintiff's application for a variance from a town by-law which prohibited billboards. A judgment of the Superior Court, in an action brought by the plaintiff pursuant to G.L.c. 40A, § 17, left undisturbed the denial of the variance...

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