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BOTTOMLEY v. BOARD OF APPEALS OF YARMOUTH

354 Mass. 474 (1968)

238 N.E.2d 354

JOHN M. BOTTOMLEY, trustee, vs. BOARD OF APPEALS OF YARMOUTH.

Supreme Judicial Court of Massachusetts, Barnstable.

June 13, 1968.

Attorney(s) appearing for the Case

John Owen Hart for the defendant.

Selwyn I. Braudy for the plaintiff.

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

SPALDING, J.

This is a bill in equity under G.L.c. 40A, § 21, inserted by St. 1954, c. 368, § 2, by way of appeal from a decision of the board of appeals of the town of Yarmouth refusing to grant to the plaintiff a variance permitting him to divide a residence into six apartments. The judge ordered the board to grant a variance and the board appealed. The judge made a report of the material facts found by him....

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