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MARINELLI v. BOARD OF APPEALS OF STOUGHTON

No. 04-P-960.

65 Mass. App. Ct. 902 (2005)

LIVIO MARINELLI v. BOARD OF APPEALS OF STOUGHTON & another.

Appeals Court of Massachusetts.

December 30, 2005.

Attorney(s) appearing for the Case

Thomas O. Moriarty for the plaintiff.

Barbara J. Saint André for the defendants.

In Marinelli v. Board of Appeals of Stoughton, 440 Mass. 255, 258-259 (2003), the court decided that, under the second sentence of the fourth paragraph of G. L. c. 40A, § 6, the owner of six lots held in common and shown on a recorded plan could claim grandfather exemption for three lots from a zoning bylaw amendment that had increased the minimum lot size from 25,000 square feet to 40,000 square feet. The pertinent sentence...

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