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PLANNING BD. OF SPRINGFIELD v. BD. OF APP, SPRINGFIELD

355 Mass. 460 (1969)

245 N.E.2d 454

PLANNING BOARD OF SPRINGFIELD vs. BOARD OF APPEALS OF SPRINGFIELD & others.

Supreme Judicial Court of Massachusetts, Hampden.

March 10, 1969.

Attorney(s) appearing for the Case

Charles S. Cohen for the plaintiff.

Francis J. Shea for the defendants Enrico Yacavone & another.

John J. O'Connor, for the Board of Appeals of Springfield, joined in a brief.

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

SPALDING, J.

This bill in equity is brought by the planning board of the city of Springfield under G.L.c. 40A, § 21, inserted by St. 1954, c. 368, § 2, as amended, by way of appeal from a decision of the board of appeals of the city granting a variance. The judge entered a final decree that the board's decision did not exceed its authority and that the variance was valid. From this decree the planning board appealed. See Planning Bd. of Springfield

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