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Legal Opinion

Davenport v. Reid

Massachusetts Superior Court

Decided August 22, 2007No. BACV200500372Published

1Opinion of the Court

Muse, Christopher J., J.

BACKGROUND

The plaintiffs, DeWitt Davenport (Davenport) and Stephen Aschettino (Aschettino) as trustees of the South Yarmouth Nominee Trust and the Green Harbor Limited Partnership, are appealing the Town of Yarmouth Board of Appeals (the Board) decision that the use of the single-family homes located at 8 and 24 Harbor Road do not qualify as permissible single-family residential use, but are an extension and expansion of the Green Harbor Resort located on Baxter Avenue in Yarmouth, Massachusetts. On July 11, 2007, this court conducted a non-jury trial and for the…

2Cases cited15 opinions

  1. Marashlian v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 1996
  2. Barvenik v. Board of Aldermen of NewtonMassachusetts Appeals Court · 1992
  3. Caires v. Building CommissionerMassachusetts Supreme Judicial Court · 1949
  4. Sturges v. Town of ChilmarkMassachusetts Supreme Judicial Court · 1980
  5. T.D.J. Development Corp. v. Conservation CommissionMassachusetts Appeals Court · 1994

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