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PENDERGAST v. BOARD OF APPEALS OF BARNSTABLE

331 Mass. 555 (1954)

JOHN J. PENDERGAST vs. BOARD OF APPEALS OF BARNSTABLE & another.

Supreme Judicial Court of Massachusetts, Barnstable.

July 6, 1954.

Attorney(s) appearing for the Case

Kenneth E. Wilson, Town Counsel, (J. Blake Thaxter, Jr., with him,) for the defendants.

Charles E. Cunningham, for the plaintiff.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & WILLIAMS, JJ.

QUA, C.J.

This is a bill in equity under G.L. (Ter. Ed.) c. 40, § 30, as appearing in St. 1933, c. 269, § 1, as amended by St. 1935, c. 388, § 2,1 by way of appeal from a decision of the board of appeals refusing to grant to the plaintiff a variance, special permit, or "special exception" for a beach house or bath house for commercial purposes at Craigville Beach in an area zoned...

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