Whitten v. Board of Appeals

This is an appeal by the plaintiffs (collectively referred to as Juniper) from a summary judgment entered on their appeal from the board’s affirmance of the decision of the building inspector that had the effect of requiring Juniper to discontinue the sale of diesel fuel from its property. We affirm.

1. The undisputed facts. In May, 1962, Juniper’s predecessor in title, Gerard Realty Co. (Gerard), was issued a building permit for the construction of a “warehouse for the storage, handling, loading, unloading, receiving and shipping of freight with the temporary storage and parking of vehicles…