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TODD v. BOARD OF APPEALS OF YARMOUTH

337 Mass. 162 (1958)

148 N.E.2d 380

ALEXANDER C. TODD vs. BOARD OF APPEALS OF YARMOUTH & others.

Supreme Judicial Court of Massachusetts, Barnstable.

March 7, 1958.

Attorney(s) appearing for the Case

Daniel J. Fern, for the defendants.

Kenneth E. Wilson, for the plaintiff.

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

WHITTEMORE, J.

This is an appeal from a decree of the Superior Court which annulled a decision of the board of appeals of the town of Yarmouth permitting certain uses of land zoned for residential use under the zoning by-law first adopted in 1946. The appellants are the board of appeals and the intervener, one Maki. The plaintiff, as the judge found, owns adjoining residential land. Maki, according to the decision of the...

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