PELLETIER v. BOARD OF APPEALS OF LEOMINSTER


4 Mass. App. Ct. 58 (1976)

340 N.E.2d 912

DAVID J. PELLETIER & another vs. BOARD OF APPEALS OF LEOMINSTER & others (and a companion case).

Appeals Court of Massachusetts, Worcester.

February 4, 1976.


Attorney(s) appearing for the Case

Willard Ide Shattuck, Jr. (Willard Ide Shattuck, III, with him) for the plaintiffs.

Present: KEVILLE, GOODMAN, & ARMSTRONG, JJ.


ARMSTRONG, J.

The plaintiffs appeal from judgments dismissing two actions brought by them, one being a zoning appeal under G.L.c. 40A, § 21, and the other being a petition for a writ of mandamus. The cases were heard solely on a statement of agreed facts, from which we may draw proper inferences without regard to those drawn by the trial judge. General Heat & Appliance Co. v. Goodwin, 316 Mass. 3, 8 (1944).

On June 25, 1973, the owner...

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