DRESSER v. INSPECTOR OF BUILDINGS OF SOUTHBRIDGE


348 Mass. 729 (1965)

205 N.E.2d 724

RICHARD DRESSER & others vs. INSPECTOR OF BUILDINGS OF SOUTHBRIDGE & others.

Supreme Judicial Court of Massachusetts, Worcester.

April 2, 1965.


Attorney(s) appearing for the Case

Harold C. Peterson, Jr., Town Counsel, for the respondents.

Harry Zarrow for the petitioners.

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


WHITTEMORE, J.

There was no error in the order for the issuance of a writ of mandamus requiring the inspector of buildings and the selectmen to take action to enforce the zoning by-law pertaining to a five apartment building at 7 Coombs Street in a two family residence district. The respondents' appeals assert error in the overruling of their plea in bar (entitled "Answer in Abatement") and their demurrer, and in the order that the writ issue.

Failure of the...

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