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McALEER v. BOARD OF APPEALS OF BARNSTABLE

361 Mass. 317 (1972)

280 N.E.2d 166

EDWARD F. McALEER & others vs. BOARD OF APPEALS OF BARNSTABLE & another (and a companion case).

Supreme Judicial Court of Massachusetts, Barnstable.

March 6, 1972.

Attorney(s) appearing for the Case

Herbert P. Wilkins (Carol S. Mone with him) for the plaintiffs.

Richard C. Anderson for East Bay Lodge Corporation.

Present: TAURO, C.J., CUTTER, REARDON, QUIRICO, & HENNESSEY, JJ.

REARDON, J.

These appeals concern two cases consolidated for trial and heard together. East Bay Lodge (the Lodge) is a Massachusetts corporation which operates an inn located on East Bay Road in the Osterville section of Barnstable. It is located on five acres, and the rear of the property extends to Wianno Avenue which runs parallel to East Bay Road. The main building and detached annex were built in 1900 and contained about sixty rooms available for overnight guests...

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