GARELICK v. BOARD OF APPEALS OF FRANKLIN


350 Mass. 289 (1966)

214 N.E.2d 60

MAX GARELICK & another vs. BOARD OF APPEALS OF FRANKLIN & another.

Supreme Judicial Court of Massachusetts, Norfolk.

February 14, 1966.


Attorney(s) appearing for the Case

Neil J. Roche, Town Counsel, for the defendants.

Howard C. Abbott for the plaintiffs.

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


KIRK, J.

This is an appeal by the defendants from a final decree in the Superior Court annulling the decision of the board of appeals (the board) and ordering the issuance of a building permit to the plaintiffs. The case was referred to a master.

Although we recognize the inherent power of a judge of the Superior Court to refer a suit in equity to a master, Parker v. Nickerson, 137 Mass. 487, 491, nevertheless, we think that, except in unusual...

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