ROSE v. BOARD OF APPEALS OF WRENTHAM


352 Mass. 301 (1967)

225 N.E.2d 63

GERALD F. ROSE & another vs. BOARD OF APPEALS OF WRENTHAM.

Supreme Judicial Court of Massachusetts, Norfolk.

April 3, 1967.


Attorney(s) appearing for the Case

Louis A. Macey for the plaintiffs.

Howard C. Abbott, Town Counsel, for the defendant, submitted a brief.

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


SPIEGEL, J.

This is a bill in equity by way of appeal under G.L.c. 40A, § 21, from a decision of the board of appeals of the town of Wrentham (board) denying the plaintiffs' request for a variance. The case was submitted on a statement of agreed facts together with a number of exhibits including "a copy of findings and decision of the [b]oard ... which is part of the record of this case." The parties agreed "[t]hat in the event the Court finds that the ... [board...

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