Y.D. DUGOUT, INC. v. BOARD OF APPEALS OF CANTON


357 Mass. 25 (1970)

255 N.E.2d 732

Y.D. DUGOUT, INC. vs. BOARD OF APPEALS OF CANTON.

Supreme Judicial Court of Massachusetts, Norfolk.

February 10, 1970.


Attorney(s) appearing for the Case

Eugene J. Galligan, Town Counsel, for the defendant.

John E. Bradley for the plaintiff.

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


CUTTER, J.

This is an appeal by the town's board of appeals (the board) from a final decree determining that certain aspects of the town's zoning by-law are invalid and that the board's refusal to approve a site plan filed by Y.D. Dugout, Inc. (Dugout) was "arbitrary and capricious." The evidence is reported. The trial judge made voluntary findings and rulings.

Dugout proposes to erect a building for a restaurant or cafe on land (the locus) at 4 Royall Street...

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