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ATHERTON v. BUILDING INSPECTOR OF BOURNE

343 Mass. 284 (1961)

178 N.E.2d 285

HARRY ATHERTON & others vs. BUILDING INSPECTOR OF BOURNE & others.

Supreme Judicial Court of Massachusetts, Barnstable.

December 6, 1961.

Attorney(s) appearing for the Case

Frederick H. Balboni, for the respondents.

Allan M. Hale, (Paull M. Cushman with him,) for the petitioners.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, & SPIEGEL, JJ.

KIRK, J.

The respondents appeal from an order that a writ of mandamus issue commanding them to enforce the zoning by-law, with respect to an area known as Phinney's Point, as it stood prior to an amendment voted by the town of Bourne on February 9, 1959. We have dealt with the subject matter twice before. In Atherton v. Board of Appeals of Bourne, 334 Mass. 451, it was stated that Phinney's Point, a relatively small...

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