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FELDMAN v. BOARD OF APPEAL OF BOSTON

No. 89-P-1050.

29 Mass. App. Ct. 296 (1990)

559 N.E.2d 1263

STEVEN FELDMAN & another vs. BOARD OF APPEAL OF BOSTON & another.

Appeals Court of Massachusetts, Suffolk.

September 27, 1990.

Attorney(s) appearing for the Case

Howard P. Speicher for the plaintiffs.

Thomas P. McCusker, Jr., for James McKernan.

Present: KASS, KAPLAN, & PORADA, JJ.

KASS, J.

When the board of appeal of Boston granted James McKernan a variance to divide his property at 57 Mount Vernon Street, West Roxbury, into two undersized lots, the plaintiffs Feldman and McCaffrey sought judicial review. A judge of the Superior Court, acting under St. 1956, c. 665, § 11, required the plaintiffs to file in court a surety bond in the amount of $10,0003 against which McKernan might recover damages and costs should...

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