Abbott v. Appleton Nursing Home, Inc.

This bill (see G. L. c. 40A, § 21, as amended) seeks to set aside a zoning variance granted by the Medford board of appeals to Appleton Nursing Home, Inc. (Appleton) for structural additions to its nursing home. A demurrer by Appleton was overruled. On the merits, the trial judge sustained the board’s action. He made a report of material facts. The plaintiffs appealed from the final decree. Appleton appeals from the interlocutory decree overruling its demurrer. The evidence is reported. The facts are stated on the basis of the judge's findings, except as otherwise noted.

The plaintiffs live…