McCARTHY v. BOARD OF APPEALS OF ASHLAND


354 Mass. 660 (1968)

241 N.E.2d 840

RICHARD H. McCARTHY & others, trustees, vs. BOARD OF APPEALS OF ASHLAND.

Supreme Judicial Court of Massachusetts, Middlesex.

November 4, 1968.


Attorney(s) appearing for the Case

John V. Phelan for the defendant.

Eugene L. Tougas for the plaintiffs.

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


SPIEGEL, J.

This is a bill in equity by way of an appeal under G.L.c. 40A, § 21, by the trustees of the Lakeridge Realty Trust from a decision of the board of appeals of the town of Ashland (board) sustaining the building inspector's denial of a building permit. The board appealed from a final decree annulling its action and directing the issuance of the building permit. The judge filed "Findings, Rulings and Order for Decree" which he subsequently adopted as...

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