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BAILEY v. BOARD OF APPEALS OF HOLDEN

370 Mass. 95 (1976)

345 N.E.2d 367

CARROLL BAILEY & another vs. BOARD OF APPEALS OF HOLDEN & another.

Supreme Judicial Court of Massachusetts, Worcester.

April 6, 1976.

Attorney(s) appearing for the Case

William C. O'Neil, Jr., for the plaintiffs.

Phillips S. Davis for the Holden Housing Authority.

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

WILKINS, J.

In January, 1974, the Holden housing authority (authority) obtained a comprehensive permit under G.L.c. 40B, § 21, from the Holden board of appeals (board) for the construction of low-cost housing for the elderly on a five-acre site, of which the Baileys own about three and one-half acres.3 The Baileys appealed under G.L.c. 40B, § 21, to the Superior Court and now appeal from a final decree, entered in May, 1974,...

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