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SMITH v. ZONING BOARD OF APPEALS OF SCITUATE

347 Mass. 755 (1964)

200 N.E.2d 279

ROBERT F. SMITH & another vs. ZONING BOARD OF APPEALS OF SCITUATE & others (and a companion case between the same parties).

Supreme Judicial Court of Massachusetts, Plymouth.

July 2, 1964.

Attorney(s) appearing for the Case

Eugene L. Tougas for the plaintiffs.

Alfred C. Blake, Town Counsel, for the Zoning Board of Appeals of Scituate, and Robert J. Geogan, for Edward R. Mayer & another, submitted briefs.

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

REARDON, J.

These are bills in equity under G.L.c. 40A, § 21, by way of appeal from decisions of the zoning board of appeals of the town of Scituate (zoning board). Edward M. Sexton, the town building inspector, was permitted to intervene in both suits. The suits were heard upon a statement of agreed facts. The plaintiffs, Robert and Dorothea Smith (the Smiths), appealed from the decree in each suit.

In 1959 Edward and Caroline Mayer (the Mayers) purchased...

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