BARRETT v. BUILDING INSPECTOR OF PEABODY


354 Mass. 38 (1968)

234 N.E.2d 884

LAWRENCE J. BARRETT & others vs. BUILDING INSPECTOR OF PEABODY & others.

Supreme Judicial Court of Massachusetts, Essex.

March 8, 1968.


Attorney(s) appearing for the Case

John A. McNiff for the petitioners.

Lewis L. Wadsworth, Jr. (Donald J. Wood with him) for the interveners.

M. Irving Herbster, City Solicitor, for the Building Inspector of Peabody & others, joined in a brief.

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


SPALDING, J.

This is a petition for a writ of mandamus to compel the building inspector of the city of Peabody to enforce a zoning ordinance as it existed prior to an amendment adopted in July, 1965. The owners of the land (locus) affected by the amendment were permitted to intervene. The judge made detailed findings of fact and ordered the petition dismissed. From this order the petitioners appealed. G.L.c. 213, § 1D. The evidence is reported.

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