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SIMEONE STONE CORP. v. BOARD OF APPEALS OF BOURNE

345 Mass. 188 (1962)

186 N.E.2d 457

SIMEONE STONE CORPORATION vs. BOARD OF APPEALS OF BOURNE & another.

Supreme Judicial Court of Massachusetts, Barnstable.

December 4, 1962.

Attorney(s) appearing for the Case

Paull M. Cushman for the defendants.

Joseph R. Cleary for the plaintiff.

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

CUTTER, J.

The plaintiff (Simeone) in June, 1960, sought a variance under the Bourne zoning by-law, and also a building permit to build an office, scale, and scale house in connection with a business constituting a nonconforming use of premises owned by it in Bourne. The variance was denied by the board of appeals and the building permit was denied by the building inspector. Thereafter a bill in equity was filed in the Superior...

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