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ROURKE v. ROTHMAN

No. 04-P-1050.

64 Mass. App. Ct. 599 (2005)

HOWARD T. ROURKE & others v. STUART ROTHMAN.

Appeals Court of Massachusetts, Suffolk.

September 26, 2005.

Attorney(s) appearing for the Case

Duane P. Landreth for the defendant.

Brian S. Kaplan for the plaintiffs.

Present: LAURENCE, DUFFLY, & KAFKER, JJ.

KAFKER, J.

In this case, we address the interplay of grandfather clauses in local zoning by-laws and the grandfather provision of the Zoning Act, G. L. c. 40A, § 6, fourth par., as appearing in St. 1975, c. 808, § 3, and as amended by St. 1979, c. 106.2 More precisely, we determine whether, because of c. 40A, § 6, a lot that was once buildable due to a local by-law exemption...

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