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CASS v. BOARD OF APPEAL OF FALL RIVER

2 Mass. App. Ct. 555 (1974)

317 N.E.2d 77

WALTER J. CASS & others vs. BOARD OF APPEAL OF FALL RIVER & others.

Appeals Court of Massachusetts, Bristol.

October 3, 1974.

Attorney(s) appearing for the Case

Daniel M. McDonald for the plaintiffs.

David Entin (Jeffrey S. Entin with him) for the defendants.

Present: HALE, C.J., ROSE, KEVILLE, GOODMAN, GRANT, & ARMSTRONG, JJ.

GOODMAN, J.

This bill in equity was brought to annul the decision of the board of appeal of Fall River (the board) granting a variance to allow the construction of an apartment complex on a parcel of land (the locus) zoned to permit no more than three-family residences. The locus is roughly rectangular with the southwest corner excluded. It is undeveloped and contains about 95,693 square feet.3 It is bounded on the west by North Main Street...

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