O'BLENES v. ZONING BOARD OF APPEALS OF LYNN


397 Mass. 555 (1986)

492 N.E.2d 354

RAYMOND P. O'BLENES vs. ZONING BOARD OF APPEALS OF LYNN & another.

Supreme Judicial Court of Massachusetts, Essex.

May 14, 1986.


Attorney(s) appearing for the Case

Sharon E. Feigenbaum (Paul R. Collier, III, with her) for the plaintiff.

Nicholas G. Curuby, City Solicitor, for Zoning Board of Appeals of Lynn (John C. Mihos, for John O'Connor, with him).

Present: WILKINS, LIACOS, NOLAN, LYNCH, & O'CONNOR, JJ.


O'CONNOR, J.

In this case, the defendants moved pursuant to Mass. R. Civ. P. 12 (b) (1) and (6), 365 Mass. 754 (1974), to dismiss the plaintiff's complaint appealing a decision of the zoning board of appeals of Lynn (board). That decision granted a variance to the defendant O'Connor to construct a thirteen-unit apartment building on his property. In support of their motion, the defendants filed a memorandum to which was...

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