DEVINE v. ZONING BOARD OF APPEALS OF LYNN


332 Mass. 319 (1955)

125 N.E.2d 131

PETER G. DEVINE & others vs. ZONING BOARD OF APPEALS OF LYNN.

Supreme Judicial Court of Massachusetts, Essex.

March 2, 1955.


Attorney(s) appearing for the Case

William E. Sisk & Richard L. Sisk, for the plaintiffs.

Patrick F. Shanahan, City Solicitor, for the defendant.

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


RONAN, J.

This is a bill in equity by way of an appeal under G.L. (Ter. Ed.) c. 40, § 30, as appearing in St. 1933, c. 269, § 1, as amended, from a decision of the board of appeals of Lynn granting to one Fontaine a variance to permit him to construct and occupy an addition to the rear of his grocery and provision store located at the time the zoning ordinance was enacted and ever since in a district zoned for residential use. The final decree recited that...

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