SMITH v. BUILDING COMMISSIONER OF BROOKLINE


367 Mass. 765 (1975)

328 N.E.2d 866

STEWART J. SMITH vs. BUILDING COMMISSIONER OF BROOKLINE & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 16, 1975.


Attorney(s) appearing for the Case

Lawrence D. Shubow (Morris S. Shubow & Clyde D. Bergstresser with him) for Stewart J. Smith.

Kenneth H. Zimble (Joel Z. Eigerman & Rudolph Kass with him) for Brookline Housing Associates & another; David M. Roseman, Town Counsel, for the Building Commissioner of Brookline & another, also with him.

Raymond V. Picard, Assistant United States Attorney, for the Secretary of the United States Department of Housing and Urban Development.

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


HENNESSEY, J.

On August 28, 1974, this court decided the case of Smith v. Board of Appeals of Brookline, 366 Mass. 197 (1974) (Smith I). In that case we affirmed a decree of the Superior Court annulling a decision of the board of appeals of the town of Brookline (board) which on appeal by the plaintiff had denied a petition by him for revocation of a building permit issued for an apartment building located at...

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