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SHAUGHNESSY v. BOARD OF APPEALS OF LEXINGTON

357 Mass. 9 (1970)

255 N.E.2d 367

MAURICE F. SHAUGHNESSY & another vs. BOARD OF APPEALS OF LEXINGTON & another.

Supreme Judicial Court of Massachusetts, Middlesex.

February 5, 1970.

Attorney(s) appearing for the Case

Thomas R. Morse, Jr., for the plaintiffs.

Frederick J. Conroy for the defendants.

Present: SPALDING, CUTTER, KIRK, SPIEGEL, & QUIRICO, JJ.

KIRK, J.

This case is before us on the plaintiffs' appeal from a final decree in the Superior Court dismissing for want of jurisdiction their bill in equity in the nature of an appeal under G.L.c. 40A, § 21, from a decision of the board of appeals (the board) of Lexington (the town) granting a variance to the R.J. Foley Realty Trust (Foley Realty) to construct a single family dwelling on a lot (the locus) smaller in area and in frontage than allowed by the town...

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