BENJAMIN v. BOARD OF APPEALS OF SWANSEA


338 Mass. 257 (1959)

154 N.E.2d 913

HENRY J. BENJAMIN & others vs. BOARD OF APPEALS OF SWANSEA & another.

Supreme Judicial Court of Massachusetts, Bristol.

January 7, 1959.


Attorney(s) appearing for the Case

John F. O'Donoghue, for the plaintiffs.

Milton A. Westgate, Town Counsel, (Harold K. Hudner with him,) for the defendants.

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


SPALDING, J.

This is a bill in equity under G.L.c. 40A, § 21, inserted by St. 1954, c. 368, § 2, by way of appeal from a decision of the board of appeals granting a variance to Shirley R. Angus to establish a restaurant on her property. The bill is brought by the owners of property in the neighborhood affected by the proposed variance. Shirley R. Angus was allowed to intervene as a party defendant. The judge made findings of material facts. A decree was...

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