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SHUMAN v. BOARD OF ALDERMEN OF NEWTON

361 Mass. 758 (1972)

282 N.E.2d 653

ALBERT H. SHUMAN & others vs. BOARD OF ALDERMEN OF NEWTON & others.

Supreme Judicial Court of Massachusetts, Middlesex.

May 8, 1972.

Attorney(s) appearing for the Case

Robert M. Bonin (Stephen M. Levinson with him) for the plaintiffs.

Frederick G. Fisher, Jr., for the defendants.

Present: TAURO, C.J., CUTTER SPIEGEL, REARDON, & HENNESSEY, JJ.

CUTTER, J.

The owners (the neighbors) of land abutting upon or near 361 Commonwealth Avenue, Newton (the locus) appeal (G.L.c. 40A, § 21) from action of the board of aldermen (the board). The board, acting as the special permit authority under the Newton zoning ordinance (§ 25-26), granted a special permit to the trustees of Freeport Foundation, who are also named as defendants,1 to operate on the locus (on which stands a large...

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