DOLAN v. BOARD OF APPEALS OF CHATHAM


359 Mass. 699 (1971)

270 N.E.2d 917

RICHARD T. DOLAN & another vs. BOARD OF APPEALS OF CHATHAM.

Supreme Judicial Court of Massachusetts, Barnstable.

June 21, 1971.


Attorney(s) appearing for the Case

Calvin P. Bartlett (Rya W. Featherston with him) for the defendant.

Joseph E. Rodgers (Richard T. Dolan with him) for the plaintiffs.

Present: TAURO, C.J., SPALDING, CUTTER, QUIRICO, & BRAUCHER, JJ.


SPALDING, J.

This is a bill in equity under G.L.c. 40A, § 21, by way of appeal from a decision of the board of appeals of the town of Chatham. The judge made voluntary findings of material facts and the evidence is reported.

Facts found by the judge and by us are as follows. The plaintiffs, husband and wife, are owners of a parcel of land in Chatham (locus). In 1968, they applied for and obtained a building permit for construction of a summer cottage...

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