MORGANELLI v. BUILDING INSPECTOR OF CANTON


7 Mass. App. Ct. 475 (1979)

388 N.E.2d 708

SAMUEL MORGANELLI & another vs. BUILDING INSPECTOR OF CANTON & another.

Appeals Court of Massachusetts, Norfolk.

April 30, 1979.


Attorney(s) appearing for the Case

Francis J. Ulman for Samuel Morganelli.

A. Russell Lucid, Jr., for William H. Dillon, Jr.

Ellen S. Mattingly for Francis A. Leahy.

Joseph H. Malloy, Town Counsel, for the Building Inspector of Canton.

Present: HALE, C.J., GOODMAN, & DREBEN, JJ.


DREBEN, J.

This is an appeal by two abutters from a judgment, entered after trial, dismissing their complaint seeking enforcement of the zoning by-law of the town of Canton. We affirm on the ground of res judicata.

The plaintiffs in this action are owners of property in Canton immediately adjacent to a lot (Lot 28) owned by the defendant, Francis A. Leahy, trustee of Breton Realty Trust. The other defendant...

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