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MARINELLI v. BOARD OF APPEALS OF STOUGHTON

440 Mass. 255 (2003)

FRED MARINELLI vs. BOARD OF APPEALS OF STOUGHTON.

Supreme Judicial Court of Massachusetts, Suffolk.

October 24, 2003.

Attorney(s) appearing for the Case

Barbara J. Saint André, for the defendant.

Thomas O. Moriarty for the plaintiff.

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

CORDY, J.

In this case we are required to interpret the common ownership grandfathering provision of the State's zoning act, G.L. c. 40A.

1. Procedural history. Fred Marinelli applied for a building permit to construct a single-family residence on a parcel of land (Lot C) in Stoughton. The town's building inspector denied Marinelli's application on the ground that Lot C lacked the minimum lot size required by the town's zoning bylaw, and the board of...

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