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BUILDING INSPECTOR OF FALMOUTH v. GINGRASS

338 Mass. 274 (1959)

154 N.E.2d 896

BUILDING INSPECTOR OF FALMOUTH vs. NORMAN GINGRASS & another.

Supreme Judicial Court of Massachusetts, Barnstable.

January 7, 1959.

Attorney(s) appearing for the Case

Gerald P. Walsh, for the defendants.

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

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

WHITTEMORE, J.

This as an appeal from a final decree of the Superior Court which enjoined the defendants from using, for the storage of a seaplane, a garage being constructed on their residential property abutting Oyster Pond in Falmouth. The findings show inter alia that the garage was being built under a permit from the building commissioner which authorized a "Dwelling — 41' x 36'" and "Garage & storage — 41' x 31'"; that the defendants intended...

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