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SHIRLEY WAYSIDE LIMITED PARTNERSHIP v. BOARD OF APPEALS OF SHIRLEY

SJC-10869.

461 Mass. 469 (2012)

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

Supreme Judicial Court of Massachusetts, Suffolk.

February 7, 2012.

Attorney(s) appearing for the Case

Julie McNeill for the plaintiff.

Ellen Callahan Doucette for the defendant.

Robert Kraus & Joseph E. Kelleher, for Massachusetts Manufactured Housing Association, Inc., amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, & GANTS, JJ.

CORDY, J.

Shirley Wayside Limited Partnership (Wayside), owner of a mobile home park in the town of Shirley, sought a special permit from the town's zoning board of appeals (board) in order to expand its mobile home park, a lawfully nonconforming use, from sixty-five to seventy-nine units. The board refused to grant the special permit, finding that Wayside had failed to establish that the expansion would not be substantially more detrimental to the neighborhood than...

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