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SHREWSBURY EDGEMERE v. BD. OF APPEALS OF SHREWSBURY

409 Mass. 317 (1991)

565 N.E.2d 1214

SHREWSBURY EDGEMERE ASSOCIATES LIMITED PARTNERSHIP & others vs. BOARD OF APPEALS OF SHREWSBURY.

Supreme Judicial Court of Massachusetts, Suffolk.

February 5, 1991.

Attorney(s) appearing for the Case

T. Philip Leader for Board of Appeals of Shrewsbury.

Catherine J. Lefebvre (Erik Lund with her) for the plaintiffs.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, & GREANEY, JJ.

LYNCH, J.

This case raises the following questions concerning construction of G.L.c. 40A (1988 ed.), The Zoning Act, and the zoning by-law of the town of Shrewsbury: (1) whether a use of property which existed prior to the enactment of the zoning by-law, and which would require a special permit under the by-law were it not preexisting, qualifies as a "nonconforming" use for purposes of G.L.c. 40A, § 6, governing extension or alteration of nonconforming uses;...

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