Legal Opinion

Champagne v. Members of the Board of the North Attleborough Zoning Board of Appeal

Massachusetts Superior Court

Decided February 2, 2000No. C99-00597Published

1Opinion of the CourtHely, J.

I. INTRODUCTION

This case concerns the April 13, 1999, decision of the North Attleborough Zoning Board of Appeal regarding a nonconforming business use of a building at 771 East Washington Street and 95 Smith Street owned by Robert and Mary Louise Champagne. The premises are in an R-10 residence district. The appellants before the Board were Peter and Carol Curran, the owners of an abutting residence. The Board found that “the nonconforming business use has been abandoned” at the subject property. The Board determined that a variance would be required for the Champagnes to now use the property…

2Cases cited2 opinions

  1. Bartlett v. Board of Appeals of LakevilleMassachusetts Appeals Court · 1987
  2. Ka-Hur Enterprises, Inc. v. Zoning Board of Appeals of ProvincetownMassachusetts Supreme Judicial Court · 1997

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