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MacGIBBON v. BOARD OF APPEALS OF DUXBURY

356 Mass. 635 (1970)

255 N.E.2d 347

BRUCE MacGIBBON & another vs. BOARD OF APPEALS OF DUXBURY.

Supreme Judicial Court of Massachusetts, Plymouth.

January 29, 1970.

Attorney(s) appearing for the Case

Bruce MacGibbon of St. Thomas, Virgin Islands, pro se.

Robert J. Geogan, Town Counsel, for the defendant.

Present: WILKINS, C.J., SPALDING, CUTTER, SPIEGEL, & QUIRICO, JJ.

QUIRICO, J.

This is a bill in equity under G.L.c. 40A, § 21, appealing from a decision of the board of appeals (board) of the town of Duxbury (town) denying the plaintiffs a special permit to excavate and fill a portion of their shoreland. The plaintiffs own approximately seven acres of land, some parts of which are under water once or twice a month. On September 27, 1962, they applied to the board for a special permit...

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