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TANNER v. BOARD OF APPEALS OF BOXFORD.

No. 03-P-1082.

61 Mass. App. Ct. 647 (2004)

JAMES TANNER, & another, trustees, v. BOARD OF APPEALS OF BOXFORD & another.

Appeals Court of Massachusetts, Suffolk.

August 18, 2004.

Attorney(s) appearing for the Case

Arthur P. Kreiger for the plaintiffs.

Joel B. Bard for the defendants.

Present: LENK, KAFKER, & GREEN, JJ.

GREEN, J.

At issue in this appeal is whether the Boxford zoning by-law authorizes the operation of a stand-alone veterinary hospital, either by right (as an agricultural use) or by special permit. The defendant board of appeals (board) concluded the by-law does not permit such use either by right or by special permit, and a judge of the Land Court, acting on cross motions for summary judgment, agreed. We add our agreement to the list.

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