O'DONNELL v. BOARD OF APPEALS OF BILLERICA


349 Mass. 324 (1965)

207 N.E.2d 877

WILLIAM O'DONNELL & another vs. BOARD OF APPEALS OF BILLERICA.

Supreme Judicial Court of Massachusetts, Middlesex.

June 9, 1965.


Attorney(s) appearing for the Case

John E. Lecomte for the petitioners.

Warren W. Allgrove for the respondent Roberts Homes, Inc.

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


WHITTEMORE, J.

This petition for a writ of certiorari entered May 27, 1964, was rightly dismissed.

The petitioners sought review in the Superior Court of the proceedings of the board of appeals of Billerica resulting in the board's order of March 2, 1964, permitting Roberts Homes, Incorporated, to construct certain houses without cellars notwithstanding a provision of the building by-law requiring a cellar under one third of the floor area and a crawl space...

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