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ROURKE v. ROTHMAN

448 Mass. 190 (2007)

HOWARD T. ROURKE & others vs. STUART ROTHMAN & another.

Supreme Judicial Court of Massachusetts, Suffolk.

January 11, 2007.

Attorney(s) appearing for the Case

Kenneth L. Kimmell for Stuart Rothman.

Brian S. Kaplan for the plaintiffs.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

COWIN, J.

In this case we consider the meaning of the words "then existing requirements" in a "grandfather" provision of the Zoning Act, G. L. c. 40A, § 6. The defendant Stuart Rothman is the owner of a plot of land in Orleans (town), which appears as "Lot 12" on a 1915 town plan (locus).3 Rothman sought to build a single-family residence on the locus, but the town building commissioner...

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