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LANE v. BOARD OF SELECTMEN OF GREAT BARRINGTON

352 Mass. 523 (1967)

226 N.E.2d 238

ELMER W. LANE & others vs. BOARD OF SELECTMEN OF GREAT BARRINGTON & others.

Supreme Judicial Court of Massachusetts, Berkshire.

May 3, 1967.

Attorney(s) appearing for the Case

William W. Simons (Abraham W. Chesney with him) for the plaintiffs.

Robert J. Donelan for the defendants Horace C. Decelles & another.

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

WHITTEMORE, J.

This is an appeal by the plaintiffs from a final decree of the Superior Court in a zoning appeal under G.L.c. 40A, § 21. The selectmen of Great Barrington on July 27, 1964, granted to the defendants Horace C. Decelles and Gerald Duprey a permit for an open air motion picture theatre. The plaintiffs appealed from the selectmen's decision to the board of appeals. The board of appeals ruled that the selectmen did not violate the zoning by-law or G...

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