MAKI v. YARMOUTH


340 Mass. 207 (1960)

163 N.E.2d 633

EINO A. MAKI & others vs. TOWN OF YARMOUTH & others.

Supreme Judicial Court of Massachusetts, Barnstable.

January 5, 1960.


Attorney(s) appearing for the Case

Charles W. Proctor, for the plaintiffs.

A. Harold Castonguay, for the defendants, submitted a brief.

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


CUTTER, J.

The plaintiffs seek declaratory relief to determine whether land, owned by Platani prior to May 15, 1956, and after July 2, 1958, and by the Makis from May 15, 1956, to July 2, 1958, when it was reconveyed to Platani, is within an area zoned for business purposes under the zoning by-law of Yarmouth. The case was referred to a master. His report was confirmed. A final decree declared (1) that the premises were in a residence zone; (2) that certain permits...

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