GREEN v. BOARD OF APPEAL OF NORWOOD


358 Mass. 253 (1970)

263 N.E.2d 423

ROBERT GREEN & others vs. BOARD OF APPEAL OF NORWOOD & others.

Supreme Judicial Court of Massachusetts, Norfolk.

November 4, 1970.


Attorney(s) appearing for the Case

Sumner H. Babcock (Henry S. Healy with him) for the plaintiffs.

Justin C. Barton for the defendants Aspell, and for Peter A. Alessi & others, interveners.

Walter J. Gotovich, Town Counsel, for the Board of Appeal of Norwood, joined in a brief.

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


CUTTER, J.

On April 3, 1968, the plaintiffs, doing business as Norwood Gardens (Gardens), were given permits to construct buildings on land (the locus) in Norwood. The locus was in a G district (i.e. zoned for general residence use) when a definitive subdivision plan of the locus was approved on March 29, 1965. On December 20, 1965, at a special town meeting, the locus was rezoned for a single residence use.

Permit no. 9949 (for building no. 2) covered lots...

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