GALLAGHER v. BOARD OF APPEALS OF FALMOUTH


351 Mass. 410 (1966)

221 N.E.2d 756

FRANK GALLAGHER & others vs. BOARD OF APPEALS OF FALMOUTH & others.

Supreme Judicial Court of Massachusetts, Barnstable.

December 1, 1966.


Attorney(s) appearing for the Case

Walter H. McLaughlin, Jr., for the plaintiffs.

John H. Fletcher Calver for the defendant Kinchla's Inc. (Robert Clayton, for the defendant Board of Appeals of Falmouth & others, with him).

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


WHITTEMORE, J.

Four property owners in Falmouth appealed to the Superior Court under G.L.c. 40A, § 21, from the decision of the board of appeals sustaining the grant of a permit to Kinchla's Inc. (Kinchla's) to build a motel, and also from the action of the selectmen under § 21 of the zoning by-law1 in giving advance approval of the grant. The judge, in his report of material facts, noted that defects in the notice of the selectmen...

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