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MAHONEY v. BOARD OF APPEALS OF WINCHESTER

366 Mass. 228 (1974)

316 N.E.2d 606

MARGARET C. MAHONEY & others vs. BOARD OF APPEALS OF WINCHESTER & another.

Supreme Judicial Court of Massachusetts, Middlesex.

September 4, 1974.

Attorney(s) appearing for the Case

Margaret C. Mahoney for the plaintiffs.

Jack J. Moss for First Carriage Hill Associates, Inc.

Douglas A. Randall, Town Counsel, for the Board of Appeals of Winchester.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, & WILKINS, JJ.

QUIRICO, J.

By this bill in equity brought under G.L.c. 40A, § 21, the plaintiffs seek to annul the decision of the defendant board of appeals of the town of Winchester (the board) granting the defendant First Carriage Hill Associates, Inc. (First Carriage), a comprehensive permit to construct 176 units of low and moderate income housing under the provisions of G.L.c. 40B, §§ 20-23, all inserted by St. 1969, c. 774, § 1. The plaintiffs own property...

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