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HUME v. BUILDING INSPECTOR OF WESTFORD

355 Mass. 179 (1969)

243 N.E.2d 189

W.G. MacKENZIE HUME vs. BUILDING INSPECTOR OF WESTFORD & another.

Supreme Judicial Court of Massachusetts, Middlesex.

January 7, 1969.

Attorney(s) appearing for the Case

P. Harold Ready for the petitioner.

John L. Connell, Jr., Town Counsel, for the Building Inspector of Westford.

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

CUTTER, J.

Dr. Hume, by petition for a writ of mandamus filed March 3, 1967, seeks to require the building inspector to prevent Ralph R. Rice from maintaining a kennel (alleged to be in violation of the Westford zoning by-law) upon his land. Rice has been permitted to intervene as a respondent. A Superior Court judge ordered the petition dismissed. Dr. Hume appealed from the judgment of dismissal. The evidence is reported.

Rice and Dr. Hume live on adjacent...

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