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McNEELY v. BOARD OF APPEAL OF BOSTON

358 Mass. 94 (1970)

261 N.E.2d 336

JAMES D. McNEELY & others vs. BOARD OF APPEAL OF BOSTON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 3, 1970.

Attorney(s) appearing for the Case

Gael Mahony (Richard W. Renehan with him) for the plaintiffs.

Thomas J. Carens (Burton Peltz with him) for Suffolk University.

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

BY THE COURT.

There are two appeals before us in this litigation. One is an appeal by the plaintiffs from a final decree in the Superior Court stating that the board of appeal of Boston (the board) did not exceed its authority in granting a variance to Suffolk University (Suffolk) from several provisions of the Boston Zoning Code (the code). The other appeal is by Suffolk from an order denying as matter of law Suffolk's motion...

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