Legal Opinion
Gardner-Athol Area Mental Health Ass'n v. Zoning Board of Appeals
Massachusetts Supreme Judicial Court
Decided October 8, 1987PublishedCited by 10 opinions
1Opinion of the CourtWilkins, J.
The Gardner-Athol Area Mental Health Assocation, Inc. (GAAMHA), supported by the Department of Mental Health (department), argues that, because GAAMHA is a “nonprofit educational coiporation” and because its proposed use of premises in Gardner as a residential care facility would be a use of the premises for “educational purposes,” the Gardner zoning ordinance may not lawfully forbid GAAMHA’s proposed use of premises for a residential care facility for four adults with mental disabilities. GAAMHA relies on the provision in G. L. c. 40A, § 3 (1986 ed.), which denies to a municipality the right…
2Cases cited5 opinions
- Whitinsville Retirement Society, Inc. v. Town of NorthbridgeMassachusetts Supreme Judicial Court · 1985
- Fitchburg Housing Authority v. Board of Zoning AppealsMassachusetts Supreme Judicial Court · 1980
- Worcester County Christian Communications, Inc. v. Board of AppealsMassachusetts Appeals Court · 1986
- Commissioner of Code Inspection v. Worcester Dynamy, Inc.Massachusetts Appeals Court · 1980
- Harbor Schools v. Board of Appeals of HaverhillMassachusetts Appeals Court · 1977
3Cited by10 opinions
- Regis College v. Town of WestonMassachusetts Supreme Judicial Court · 2012
- Campbell v. City Council of LynnMassachusetts Appeals Court · 1992
- Lasell Village, Inc. v. Board of Assessors of NewtonMassachusetts Appeals Court · 2006
- Trustees of Tufts College v. City of MedfordMassachusetts Appeals Court · 1992
- Bigwood v. Contributory Retirement Appeal BoardMassachusetts Superior Court · 2001
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