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JENCKES v. BUILDING COMMISSIONER OF BROOKLINE

341 Mass. 162 (1960)

167 N.E.2d 757

MARCIEN JENCKES vs. BUILDING COMMISSIONER OF BROOKLINE & another.

Supreme Judicial Court of Massachusetts, Norfolk.

June 7, 1960.

Attorney(s) appearing for the Case

Marcien Jenckes, (Geoffrey Bolton & Thomas Otis with him,) for the plaintiff.

Daniel G. Rollins, Town Counsel, for the defendants.

Alfred Gardner & William C. Sawyer, by leave of court, submitted a brief as amici curiae.

Present: SPALDING, WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.

CUTTER, J.

The plaintiff who holds a written contract to purchase a vacant lot (lot 11, block 326, on the assessors' plans) on Fairmount Street, Brookline, seeks declarations (a) that he is not prevented by certain provisions of the zoning by-law of Brookline from building on that lot a residence otherwise complying with the by-law, and (b) that he is entitled to a building permit. There appears to be no dispute about the facts, many of which are to be derived

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