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FERRANTE v. BOARD OF APPEALS OF NORTHAMPTON

345 Mass. 158 (1962)

186 N.E.2d 471

ANTHONY FERRANTE & another vs. BOARD OF APPEALS OF NORTHAMPTON & another.

Supreme Judicial Court of Massachusetts, Hampshire.

November 30, 1962.

Attorney(s) appearing for the Case

John F. Murphy, Jr., City Solicitor, for the Board of Appeals, and Luke F. Ryan, for the intervener, submitted a brief.

Edwin P. Dunphy, for the plaintiffs, submitted a brief.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, KIRK, & SPIEGEL, 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 of Northampton refusing to grant to the plaintiffs a variance for a commercial use in an area zoned for residential purposes. Edward T. Pendergast, whose property abutted the plaintiffs', was permitted to intervene. The court ordered the board to grant a variance, and the board and the intervener appealed...

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