LANNER v. BOARD OF APPEAL OF TEWKSBURY


348 Mass. 220 (1964)

202 N.E.2d 777

RUTH I. LANNER vs. BOARD OF APPEAL OF TEWKSBURY & others.

Supreme Judicial Court of Massachusetts, Middlesex.

December 8, 1964.


Attorney(s) appearing for the Case

P. Harold Ready for the plaintiff.

Warren W. Allgrove, Town Counsel, for the Board of Appeal of Tewksbury & another.

Arthur L. Eno, Jr. (Alphee J. Achin with him) for Carl S. Garabedian & another.

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


KIRK, J.

This bill in equity under G.L.c. 40A, § 21, is in the nature of an appeal from a decision of the board of appeal (the board) of the town of Tewksbury (the town) which upheld the validity of a permit issued under an amended zoning by-law by the inspector of buildings (the inspector) authorizing the construction of a super market and shopping center at the locus, an area facing the junction of River Road and...

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