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DANIEL WEBSTER IMPROVEMENT v. BD OF APP. OF MARSHFIELD

329 Mass. 159 (1952)

107 N.E.2d 314

DANIEL WEBSTER IMPROVEMENT ASSOCIATION, INC. & others vs. BOARD OF APPEALS OF MARSHFIELD & another.

Supreme Judicial Court of Massachusetts, Plymouth.

July 1, 1952.

Attorney(s) appearing for the Case

Arthur L. Emery, for the plaintiffs.

James M. Graham, for board of appeals of Marshfield, & G. Milton Avery, for the intervener, submitted a brief.

Present: QUA, C.J., WILKINS, SPALDING, WILLIAMS, & COUNIHAN, JJ.

COUNIHAN, J.

This proceeding is entitled a "Bill and Petition for Review." In effect it is an appeal to the Superior Court from a decision of the board of appeals of Marshfield under G.L. (Ter. Ed.) c. 40, § 30, as appearing in St. 1933, c. 269, § 1, as amended. That decision granted a variance of the application of the zoning by-laws of the town to permit the use of land in an established residential district for business purposes. The judge entered a decree...

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