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CITY COUNCIL OF WALTHAM v. VINCIULLO

364 Mass. 624 (1974)

307 N.E.2d 316

CITY COUNCIL OF WALTHAM vs. SALVATORE A. VINCIULLO & others.

Supreme Judicial Court of Massachusetts, Middlesex.

February 20, 1974.

Attorney(s) appearing for the Case

William J. Bannan, Jr., City Solicitor (Howard A. Reynolds, Legal Assistant to the City Solicitor, with him) for the City Council of Waltham.

Robert S. Marsh for Salvatore A. Vinciullo & another.

Arthur H. Sullivan for the Board of Appeals of Waltham.

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

TAURO, C.J.

The city council of Waltham (council) filed a bill in equity by way of appeal from a decision of the board of appeals of Waltham (board) granting a zoning variance requested by the Vinciullos (defendants). The bill was filed on July 14, 1969, pursuant to G.L.c. 40A, § 21, as amended through St. 1960, c. 365.1 On August 9, 1971, after a trial, a Superior Court judge ruled that there had been no showing of substantial hardship...

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