PATRONE v. FALCONE


345 Mass. 659 (1963)

189 N.E.2d 228

CHARLES L. PATRONE & another vs. JOSEPH V. FALCONE, trustee.

Supreme Judicial Court of Massachusetts, Barnstable.

April 2, 1963.


Attorney(s) appearing for the Case

James W. Kelleher (Isadore O. Goverman with him) for the defendant.

Robert W. MacDonald for the plaintiffs.

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


SPALDING, J.

This is a suit to enjoin the defendant from constructing a two car garage on his land. From a decree granting the relief sought, the defendant appealed. There is a report of the material facts and the evidence is reported.

The facts are these. In 1949 Earl G. Boardman, who owned a parcel of land in the Wild Harbor section of Falmouth, recorded a development plan which divided the property into twenty-two house lots. The plaintiffs, husband and...

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