SCHIFFENHAUS v. KLINE

No. 10-P-1055.

79 Mass. App. Ct. 600 (2011)

LAURENCE SCHIFFENHAUS & others v. DONALD KLINE & others.

Appeals Court of Massachusetts, Suffolk.

May 26, 2011.


Attorney(s) appearing for the Case

Brian S. Kaplan for the plaintiffs.

Diane C. Tillotson for Donald Kline & another.

E. James Veara for board of appeals of Truro.

Present: KATZMANN, GRAINGER, & HANLON, JJ.


GRAINGER, J.

The board of appeals (board) of the town of Truro (town) issued a building permit to the codefendant Donald Kline for work on his property at 25-27 Stephens Way (Kline property or property). The plaintiffs, direct abutters or abutters once removed, sought judicial review under G. L. c. 40A, § 17. A judge of the Land Court concluded that the town's building commissioner erred in determining that the project would not increase the existing nonconforming...

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