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COSTELLO v. BOARD OF APPEALS OF LEXINGTON

3 Mass. App. Ct. 441 (1975)

333 N.E.2d 210

THOMAS J. COSTELLO vs. BOARD OF APPEALS OF LEXINGTON & another (and a companion case).

Appeals Court of Massachusetts, Middlesex.

August 20, 1975.

Attorney(s) appearing for the Case

Joseph M. Cohen for the plaintiff.

Reginald H. Howe for the Board of Appeals of Lexington & another.

Edward M. Ginsberg (Seth Kalberg with him) for the defendant John P. Carroll.

Present: ROSE, KEVILLE, & ARMSTRONG, JJ.

ARMSTRONG, J.

On June 7, 1973, the board of appeals of Lexington (board) filed with the town clerk a decision granting a special permit (due to expire on June 6, 1976) to one Carroll to pick up and keep cars on certain premises in a residential district. The plaintiff, an abutter, appealed to the Superior Court on June 22 and mailed written notice of the appeal with a copy of the bill to the town clerk on June 27, the twentieth day after the decision. The notice was...

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