FEDERMAN v. BOARD OF APPEALS OF MARBLEHEAD

No. 92-P-227.

35 Mass. App. Ct. 727 (1994)

626 N.E.2d 8

FREDERICK H. FEDERMAN & another vs. BOARD OF APPEALS OF MARBLEHEAD; ERNEST A. SICILIANO & others, interveners.

Appeals Court of Massachusetts, Suffolk.

January 10, 1994.


Attorney(s) appearing for the Case

Diane C. Tillotson for the interveners.

Webb F. Primason for the plaintiffs.

Present: KASS, JACOBS, & IRELAND, JJ.


KASS, J.

Upon review under G.L.c. 40A, § 17, of denial by the board of appeals of Marblehead of a special permit exemption from certain dimensional requirements in the Marblehead zoning by-law, a judge of the Land Court concluded that the board's decision disclosed error of law on its face and remanded the case to the board for further action. That action by its nature was interlocutory, and the appeal is to...

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