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HOOD INDUSTRIES v. CITY COUNCIL OF LEOMINSTER

23 Mass. App. Ct. 646 (1987)

505 N.E.2d 189

HOOD INDUSTRIES, INC., & another vs. CITY COUNCIL OF LEOMINSTER.

Appeals Court of Massachusetts, Worcester.

March 16, 1987.

Attorney(s) appearing for the Case

Paul M. Lynch (Frances E. Rafferty with him) for the plaintiffs.

John J. Curley, III, City Solicitor, for the defendant.

Present: PERRETTA, CUTTER, & KASS, JJ.

CUTTER, J.

Hood Industries, Inc. (Hood), is a manufacturer of polyurethane foam and products fabricated from the foam. B.G.H. Realty Trust owns about 403,000 square feet of land (the locus) in Leominster in an industrial zone (where the manufacture of foam is permitted as of right). Hood occupies a building on the locus with a floor area of about 240,000 square feet. Hood plans to use the building on the locus for its manufacturing process.

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