PARESKY v. BOARD OF ZONING APPEAL OF CAMBRIDGE


19 Mass. App. Ct. 612 (1985)

476 N.E.2d 260

DAVID S. PARESKY, trustee, vs. BOARD OF ZONING APPEAL OF CAMBRIDGE.

Appeals Court of Massachusetts, Middlesex.

April 5, 1985.


Attorney(s) appearing for the Case

Janice Campbell for the defendant.

Cornelius J. Moynihan, Jr., for the plaintiff.

Present: DREBEN, KAPLAN, & KASS, JJ.


KAPLAN, J.

The defendant Cambridge board of zoning appeal (board) moved pursuant to Mass.R.Civ.P. 60(b)(1), 365 Mass. 828 (1974), to secure relief from a consent judgment to which it was a purported party. The ground of the motion was that the agreement for judgment was not authorized by the board and was made through mistake. We reverse an order of a judge of the Superior Court denying the board's motion.

1. The plaintiff Paresky, owner of a building on Boylston...

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