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BUILDING INSPECTOR OF FALMOUTH v. HADDAD

369 Mass. 452 (1976)

339 N.E.2d 892

BUILDING INSPECTOR OF FALMOUTH vs. NICK HADDAD & another, trustees (and a companion case).

Supreme Judicial Court of Massachusetts, Barnstable.

January 6, 1976.

Attorney(s) appearing for the Case

James D. St. Clair (F. Anthony Mooney with him) for Nick Haddad & another, trustees.

Edward W. Farrell, Town Counsel, for the Building Inspector of Falmouth.

John W. Hanlon, intervener, pro se.

Brian E. McDermott & Edward W. Kirk, for Davisville Association, amicus curiae, submitted a brief.

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

QUIRICO, J.

These are two bills in equity relating to a controversy arising principally out of the provisions of the zoning by-law of the town of Falmouth. The first bill was entered on June 5, 1972, by the town's building inspector against the trustees, as owners of four lots (herein identified only as lots 1, 2, 3 and 4) located in Falmouth, seeking a decree enjoining them from any further construction on the lots and ordering them to remove the buildings then being...

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