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SHIRLEY WAYSIDE LIMITED PARTNERSHIP v. BOARD OF APPEALS OF SHIRLEY

No. 09-P-1375.

78 Mass. App. Ct. 19 (2010)

SHIRLEY WAYSIDE LIMITED PARTNERSHIP v. BOARD OF APPEALS OF SHIRLEY.

Appeals Court of Massachusetts, Suffolk.

October 6, 2010.

Attorney(s) appearing for the Case

Ellen Callahan Doucette for the defendant.

Julie A. McNeill for the plaintiff.

Present: RAPOZA, C.J. LENK, GREEN, BROWN, & GRAINGER, JJ.

GREEN, J.

After a trial, a judge of the Land Court concluded that the board of appeals of Shirley (board) abused its discretion in denying the application of Shirley Wayside Limited Partnership (Wayside) to expand a lawfully nonconforming use by adding fourteen units to an existing sixty-five-unit mobile home park. The board appeals.2 We reverse.

Wayside owns and operates a mobile...

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