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York Ford v. Building Inspector and Zoning

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eBook details

  • Title: York Ford v. Building Inspector and Zoning
  • Author : Appeals Court of Massachusetts
  • Release Date : January 23, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 71 KB

Description

Zoning, Enforcement, Parking, Jurisdiction, Appeal. Jurisdiction, Zoning. Practice, Civil, Zoning appeal. Judgment, Preclusive effect. The question before us is whether York Ford, Inc. (York), is barred by principles of issue preclusion from challenging the validity of a zoning enforcement order of the building inspector. 2 The order demanded that York cease parking ""business related"" cars on a residentially zoned lot in violation of the town's ""use regulations."" Four months prior to the issuance of the order, the board of zoning and building appeals (board), had denied York's application for a special permit to extend what York claimed was a preexisting nonconforming use. One of the two grounds on which the board had based its decision was that York's present use was illegal, that is, it was not a valid preexisting nonconforming use.


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