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LaCROIX v. ZONING BOARD OF APPEALS OF METHUEN

344 Mass. 489 (1962)

183 N.E.2d 99

LEONARD LaCROIX & others vs. ZONING BOARD OF APPEALS OF METHUEN & another (and a companion case).

Supreme Judicial Court of Massachusetts, Essex.

June 6, 1962.

Attorney(s) appearing for the Case

Thomas E. Watman for the plaintiffs and petitioners.

Lewis H. Weinstein (Fernand A. Bernardin, David E. Grossman, Arnold H. Salisbury, & Paul J. Perocchi with him) for the defendants and respondents.

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

WHITTEMORE, J.

1. Leonard LaCroix and other residents and taxpayers of Methuen brought a bill in equity to review the decision of the board of appeals of September 1, 1960, granting a variance for a shopping center in a residence district. On May 3, 1961, the defendants filed a plea in bar setting up that a new zoning by-law had been enacted under which the uses permitted by the variance are permitted uses. The plea was...

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