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NYQUIST v. BOARD OF APPEALS OF ACTON

359 Mass. 462 (1971)

269 N.E.2d 654

PAUL R. NYQUIST & others vs. BOARD OF APPEALS OF ACTON & others.

Supreme Judicial Court of Massachusetts, Middlesex.

May 10, 1971.

Attorney(s) appearing for the Case

Charles E. Orcutt, Jr., for the plaintiffs.

Charles G. Kadison, Jr. (Julian J. D'Agostine with him) for Atlantic Corporation and others.

Present: TAURO, C.J., SPALDING, SPIEGEL, REARDON, & BRAUCHER, JJ.

SPIEGEL, J.

This is a bill in equity by way of an appeal under G.L.c. 40A, § 21, from a decision of the board of appeals of the town of Acton sustaining the building inspector's issuance of a permit. The plaintiffs appealed from an interlocutory decree sustaining a demurrer1 and from a final decree dismissing the bill.

The bill in substance alleges the following: The plaintiffs are...

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