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HALKO v. BOARD OF APPEALS OF BILLERICA

349 Mass. 465 (1965)

209 N.E.2d 323

ANDREW HALKO & others vs. BOARD OF APPEALS OF BILLERICA & others.

Supreme Judicial Court of Massachusetts, Middlesex.

July 1, 1965.

Attorney(s) appearing for the Case

Steven J. Cohen (Edward J. Barshak with him) for the plaintiffs.

Warren W. Allgrove for the defendant Nuttings Lake Cafe, Inc. & another.

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

WHITTEMORE, J.

This appeal to the Superior Court is by neighboring landowners claiming to be aggrieved by a decision of the board of appeals of the town of Billerica of June 21, 1960. That decision purported to grant a variance and other relief. The case is here on reservation and report. See G.L.c. 214, § 31. The issues are presented on the pleadings and on a statement of agreed facts that incorporates exhibits.

1. The plea in abatement (treated as a...

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