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ROUSSEAU v. BUILDING INSPECTOR OF FRAMINGHAM

349 Mass. 31 (1965)

206 N.E.2d 399

ALBERT J. ROUSSEAU, JR. vs. BUILDING INSPECTOR OF FRAMINGHAM & others (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

April 21, 1965.

Attorney(s) appearing for the Case

Edward M. Dangel (Dewey C. Kadra with him) for Albert J. Rousseau, Jr., & others.

Morris Shapiro for Anna Shulman & others (Joseph H. Lewis, Town Counsel, for the Building Inspector of Framingham & another, & Robert A. Belmonte, for the Board of Appeals of Framingham, with him).

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

KIRK, J.

We are called upon to review two cases which were tried together in the Superior Court. The first is a petition for a writ of mandamus to compel the building inspector of the town of Framingham (the town) to enforce, as applied to the locus, the zoning by-law of the town as it existed prior to an amendment adopted in 1958. The second is an appeal under G.L.c. 40A, § 21, from a decision of the board of appeals...

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