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BURNHAM v. BOARD OF APPEALS OF GLOUCESTER

333 Mass. 114 (1955)

128 N.E.2d 772

WILBUR HERBERT BURNHAM & others vs. BOARD OF APPEALS OF GLOUCESTER.

Supreme Judicial Court of Massachusetts, Essex.

September 19, 1955.

Attorney(s) appearing for the Case

Carlton W. Wonson, City Solicitor, for the defendant.

Anthony N. Compagnone, for the interveners.

Edward B. Hanify, (John R. Cahill, Jr., with him,) for the plaintiffs.

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

SPALDING, J.

Karl A. and Jane C. Muller (hereinafter called the applicants) applied to the board of appeals of the city of Gloucester (hereinafter called the board) for a permit to build a motel in a single residence district in that city. Their application for a permit was under an amendment to the city's zoning ordinance. The amendment, which was passed on November 23, 1953, did not rezone any areas, but enlarged the definition of a single residence district so...

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