ATHERTON v. BOARD OF APPEALS OF BOURNE


334 Mass. 451 (1956)

136 N.E.2d 201

HARRY ATHERTON & others vs. BOARD OF APPEALS OF BOURNE.

Supreme Judicial Court of Massachusetts, Barnstable.

July 20, 1956.


Attorney(s) appearing for the Case

Allan M. Hale, (Paull M. Cushman with him,) for the plaintiffs.

John P. Sylvia, Jr., for the defendant.

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


SPALDING, J.

This is a bill in equity under G.L. (Ter. Ed.) c. 40A, § 21, inserted by St. 1954, c. 368, § 2, by way of appeal from a decision of the board of appeals of the town of Bourne granting a variance. The judge entered a decree that the board's decision did not exceed its authority and that the variance was valid. The plaintiffs appealed.1 The evidence is reported.

The findings made by the judge were as follows...

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