Shalbey v. Board of Appeal of Norwood

This is an action seeking the annulment of a decision by which the defendant board granted to the defendant Jan Co., Inc. (the applicant), a special permit for the operation of a fast-food Burger King restaurant in a district zoned for manufacturing. The plaintiffs, who own premises abutting the locus in the same zoning district, appeal from a judgment upholding the decision.

1. The most substantial of the issues raised by the appeal is the plaintiffs’ contention that the application for the permit was subject to certain provisions of G. L. c. 40A, as appearing in St. 1975, c. 808, § 3, rather…