Bartlett v. Board of Appeals of Lakeview

In Bartlett v. Board of Appeals of Lakeview, 23 Mass. App. Ct. 664, 505 N.E.2d 193 (1987), the Appeals Court held that the terms "abandoned" and "not used" had different meanings, with "abandonment" requiring a subjective need for intent, whereas "discontinuance" required only an objective non-use. A town, through its zoning by-laws, may require that either one or both (i.e., abandonment and/or discontinuance) be shown. See id. at 669.