COLEMAN v. BOARD OF SELECTMEN OF ANDOVER


351 Mass. 546 (1967)

222 N.E.2d 857

ARTHUR L. COLEMAN & others vs. BOARD OF SELECTMEN OF ANDOVER & another.

Supreme Judicial Court of Massachusetts, Essex.

January 5, 1967.


Attorney(s) appearing for the Case

Edward A. Gordon for the petitioners Coleman & others.

William G. Evans for the intervening petitioner.

Fredric S. O'Brien, Town Counsel, for the respondents Board of Selectmen & another (Maurice Rappaport, for the intervening respondents, with him).

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


WHITTEMORE, J.

The petitioners seek a writ of mandamus for the enforcement of the zoning by-law of Andover as it stood before the amendment adopted under art. 13 of the warrant for the special town meeting of June 15, 1964. The amending vote was "to change from Single Residence A to Business" lot 83 on the easterly side of Florence Street.

The judge made no findings and ordered the petition dismissed. The evidence...

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