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O'CONNELL v. BROCKTON BOARD OF APPEALS

344 Mass. 208 (1962)

181 N.E.2d 800

RICHARD J. O'CONNELL & others vs. CITY OF BROCKTON BOARD OF APPEALS & others (and a companion case).

Supreme Judicial Court of Massachusetts, Plymouth.

April 20, 1962.

Attorney(s) appearing for the Case

Cortland A. Mathers, for the plaintiffs.

Ermon L. Markella, Special City Solicitor, for the defendant City of Brockton Board of Appeals.

Augustus P. Vitali, for the defendant Orchard Estates, Inc.

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

SPALDING, J.

This is an appeal from a final decree of the Superior Court under G.L.c. 40A, § 21 (as amended through St. 1958, c. 175), upholding the defendant board of appeals of the city of Brockton in approving the issuance of certain building permits by the city's building inspector to the defendant Orchard Estates, Inc. (Orchard).

The evidence, which is before us, discloses the following: Orchard is the...

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