CAMPBELL v. CITY COUNCIL OF LYNN


415 Mass. 772 (1993)

616 N.E.2d 445

JOHN CAMPBELL & others vs. CITY COUNCIL OF LYNN & others (and a companion case).

Supreme Judicial Court of Massachusetts, Essex, Suffolk.

July 9, 1993.


Attorney(s) appearing for the Case

George E. Richardson for the plaintiffs.

Michael J. Barry, City Solicitor, for the City Council of Lynn & another, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.


GREANEY, J.

This case concerns the use of land and a building at 12 Morris Street in Lynn (premises), as a group residence for fifteen elderly, mentally ill persons. The premises are located in a business zone which does not allow a group residence as of right. The Lynn city council (council) granted a special permit under § 18 of the Lynn zoning ordinance (ordinance) authorizing the premises to be used as a group residence, and the Lynn zoning board of appeals...

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