SPAULDING v. BOARD OF APPEALS OF LEICESTER


334 Mass. 688 (1956)

138 N.E.2d 367

RICHARD J. SPAULDING & others vs. BOARD OF APPEALS OF LEICESTER.

Supreme Judicial Court of Massachusetts, Worcester.

November 15, 1956.


Attorney(s) appearing for the Case

Seward B. Brewster, (Paul R. O'Connell with him,) for the plaintiffs.

Francis T. Mullin, for the defendant, (Amos E. Wasgatt, Jr., for the intervener, with him).

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


WILKINS, C.J.

This is a bill in equity by way of appeal from a decision of the defendant board of appeals purporting to grant a variance to Stephen G. Minasian, intervener, to conduct a drive-in theatre in a residential area, a use not permitted by the zoning by-law of the town of Leicester. G.L. (Ter. Ed.) c. 40, § 30, as appearing in St. 1933, c. 269, § 1, as amended by St. 1935, c. 388, § 2.1 See now G.L. (Ter. Ed.) c...

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