SLATER v. BOARD OF APPEALS OF BROOKLINE


350 Mass. 70 (1966)

213 N.E.2d 394

ALVIN J. SLATER vs. BOARD OF APPEALS OF BROOKLINE.

Supreme Judicial Court of Massachusetts, Norfolk.

January 4, 1966.


Attorney(s) appearing for the Case

Jerome D. Goodman (Phillip Cowin, Town Counsel, with him) for the defendant.

Joseph M. Cohen for the plaintiff.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, KIRK, & SPIEGEL, 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 the town of Brookline denying to the plaintiff a special permit to use his premises at 117 Babcock Street as a parking lot for the automobiles of residents of his property on the other side of the street at 120-126 Babcock Street. The judge ruled that the board had exceeded its authority and the final decree annulled...

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