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MANTONI v. BOARD OF APPEALS OF HARWICH

No. 91-P-1130.

34 Mass. App. Ct. 273 (1993)

609 N.E.2d 502

PHILIP MANTONI & another vs. BOARD OF APPEALS OF HARWICH & another.

Appeals Court of Massachusetts, Suffolk.

March 26, 1993.

Attorney(s) appearing for the Case

Edward D. Friedman & Larry D. Doores for the plaintiffs.

James M. Falla for the defendants.

Present: ARMSTRONG, BROWN, & PORADA, JJ.

PORADA, J.

Pursuant to G.L.c. 40A, § 17, and G.L.c. 240, § 14A, the plaintiffs filed a complaint in the Land Court appealing the denial by the board of appeals of Harwich (board) of a variance from the provisions of the Harwich zoning by-law (by-law), which prohibited the erection of a retaining wall within the ten-foot yard setback. They also sought a declaration that those provisions of the by-law which...

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