DOUGHERTY v. BOARD OF APPEAL OF BILLERICA

No. 95-P-1808.

41 Mass. App. Ct. 1 (1996)

JOSEPH M. DOUGHERTY v. BOARD OF APPEAL OF BILLERICA & others.

Court of Appeals of Massachusetts, Middlesex.

July 26, 1996.


Attorney(s) appearing for the Case

Joseph M. Dougherty, pro se.

Paul C. Kilian for Anthony R. Passalaqua & another.

Present: DREBEN, GILLERMAN, & LAURENCE, JJ.


DREBEN, J.

In this action by abutters pursuant to G. L. c. 40A, § 17, appealing a decision of Billerica's board of appeal, a judge of the Superior Court interpreted a by-law of the town to allow reconstruction of a building that had been entirely destroyed by fire. We reverse.

After their four-family residence was destroyed by "a devastating fire," the defendants Anthony R. and Mary Ann Passalaqua applied to the building commissioner for permits to begin...

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