BROWN v. NEELON


335 Mass. 357 (1957)

140 N.E.2d 213

ROBERT G. BROWN & others vs. ROGER W. NEELON & others.

Supreme Judicial Court of Massachusetts, Middlesex.

January 31, 1957.


Attorney(s) appearing for the Case

Chester Shatz, (Marvin H. Siegel with him,) for the plaintiffs.

John J. Flynn, 3d, City Solicitor, for board of appeals of Waltham and others.

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


SPALDING, J.

This is a bill for declaratory relief. The bill as amended may be summarized as follows: The plaintiffs are all owners of property abutting on Tavern Square, Waltham. Under the city's zoning ordinance of 1946 Tavern Square was in a "Residence B" zone. On September 15, 1952, Walter A. Gray, the city's building inspector, issued permits to one Neelon and one Lopez for the erection in Tavern Square of two four-family apartment houses. Prior to that, in June...

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