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OPIE v. BOARD OF APPEALS OF GROTON

349 Mass. 730 (1965)

212 N.E.2d 477

FRANK J. OPIE vs. BOARD OF APPEALS OF GROTON & another.

Supreme Judicial Court of Massachusetts, Middlesex.

December 7, 1965.

Attorney(s) appearing for the Case

Warren W. Allgrove for the plaintiff.

Michael R. Pizziferri (Joseph A. Todisco with him) for the defendant John J. Long.

Present: SPALDING, WHITTEMORE, KIRK, SPIEGEL, & REARDON, JJ.

WHITTEMORE, J.

This is a suit in equity in the Superior Court under G.L.c. 40A, § 21, by way of appeal from a decision of the board of appeals of Groton granting to the defendant John J. Long a variance for the use of certain premises as a funeral home. Long filed a plea in abatement, assigning as reasons that the plaintiff did not attach a copy of the decision of the board of appeals of Groton to Long's copy of the bill and failed to file an affidavit of the...

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