MAYNARD v. TOMYL


347 Mass. 397 (1964)

198 N.E.2d 291

TOWN OF MAYNARD vs. BENJAMIN S. TOMYL & another.

Supreme Judicial Court of Massachusetts, Middlesex.

April 30, 1964.


Attorney(s) appearing for the Case

Julian J. D'Agostine for the defendants.

Paul A. Carbone, Town Counsel, for the plaintiff.

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


WHITTEMORE, J.

The defendants have appealed from a final decree in the Superior Court ordering them to remove all construction that does not comply with the terms of a decision of the board of appeals acting under the zoning by-law of the town of Maynard. There is also a bill of exceptions. The case was presented on a statement of agreed facts. The judge ruled in substance that the defendants, in not conforming to the decision of the board, have enlarged a nonconforming...

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