GALLAGHER v. BOARD OF SELECTMEN OF FALMOUTH


352 Mass. 307 (1967)

225 N.E.2d 342

FRANK GALLAGHER & others vs. BOARD OF SELECTMEN OF FALMOUTH & another.

Supreme Judicial Court of Massachusetts, Barnstable.

April 3, 1967.


Attorney(s) appearing for the Case

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

John H. Fletcher Calver for the defendants.

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


WHITTEMORE, J.

This is an appeal to the Superior Court under G.L.c. 40A, § 21, from the decision of the board of selectmen of Falmouth pursuant to § 21 of the zoning by-law granting a special permit for a hotel. The judge in the Superior Court ruled that the board of selectmen had not exceeded its authority and that no modification of the decision was required. The case is here by appeal from the ensuing final decree.

On January 27, 1965, in another...

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