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SMITH v. BOARD OF APPEALS OF BROOKLINE

366 Mass. 197 (1974)

316 N.E.2d 501

STEWART J. SMITH vs. BOARD OF APPEALS OF BROOKLINE & others.

Supreme Judicial Court of Massachusetts, Norfolk.

August 28, 1974.

Attorney(s) appearing for the Case

Kenneth H. Zimble for James D. Pratt.

David M. Roseman for the Board of Appeals of Brookline.

Rudolph Kass for the Brookline Housing Associates.

Lawrence D. Shubow for the plaintiff.

Present: TAURO, C.J., REARDON, HENNESSEY, KAPLAN, & WILKINS, JJ.

REARDON, J.

A final decree was entered in the Superior Court annulling a decision of the board of appeals of Brookline (board) which had denied the plaintiff's appeal from the granting of a building permit by the building commissioner of Brookline. The board, the Brookline Housing Associates (the owner), and James D. Pratt1 brought this appeal. The trial judge made findings of fact, rulings of...

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