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JOHNSON v. BOARD OF APPEALS OF ANDOVER

No. 09-P-1660.

78 Mass. App. Ct. 292 (2010)

WILLIAM P. JOHNSON, trustee, v. BOARD OF APPEALS OF ANDOVER & another.

Appeals Court of Massachusetts, Suffolk.

November 22, 2010.

Attorney(s) appearing for the Case

Donald F. Borenstein for the plaintiff.

Thomas J. Urbelis for the defendants.

Present: VUONO, WOLOHOJIAN, & HANLON, JJ.

HANLON, J.

The sole issue of consequence in this appeal is whether the taking by eminent domain of a portion of a nonconforming parcel destroyed the parcel's statutory exemption from otherwise applicable changes in the town's zoning by-law. See G. L. c. 40A, § 6, fourth par.3 We agree with the Land Court judge that, in the circumstances of the case, the grandfathered status of the...

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