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BOSTON v. PAGLIARO

1 Mass. App. Ct. 117 (1973)

294 N.E.2d 531

CITY OF BOSTON vs. FRANK J. PAGLIARO & another.

Appeals Court of Massachusetts, Suffolk.

February 23, 1973.

Attorney(s) appearing for the Case

Herbert P. Gleason, Corporation Counsel (Sheldon M. Drucker, Assistant Corporation Counsel, with him), for the city of Boston.

Bruce G. McNeill (John E. Bradley with him) for the defendants.

Present: HALE, C.J., KEVILLE, & GRANT, JJ.

HALE, C.J.

The city of Boston (city) by this bill of complaint seeks to enjoin the construction of a seventeen-story apartment building at 1410 Columbia Road in South Boston, alleging that the building will be in violation of the floor area ratio requirements of articles 13 and 15 of the Boston Zoning Code (1968), (Code). The bill was filed on July 14, 1971. A temporary injunction against the construction of the building was denied.

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