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CARR v. BOARD OF APPEALS OF MEDFORD

334 Mass. 77 (1956)

134 N.E.2d 10

JOHN C. CARR, JUNIOR vs. BOARD OF APPEALS OF MEDFORD & others.

Supreme Judicial Court of Massachusetts, Middlesex.

May 3, 1956.

Attorney(s) appearing for the Case

Lawrence R. Cohen, (Albert R. Mezoff with him,) for the plaintiff John C. Carr, Jr.

Mark E. Gallagher, Jr., City Solicitor, for the board of appeals of Medford and another.

Israel Bloch, for the intervener.

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

SPALDING, J.

This bill in equity was brought in the Superior Court by way of an appeal from a decision of the board of appeals of the city of Medford directing the building commissioner to issue a permit for the construction of a drive-in theatre.

The circumstances which gave rise to this proceeding are these. Suburban Drive-In Theatre Corp. (hereinafter called Suburban) is the owner of a tract of land in Medford which is located in a "heavy industrial district...

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