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HINVES v. COMMISSIONER OF PUBLIC WORKS OF FALL RIVER

342 Mass. 54 (1961)

172 N.E.2d 232

EDITH HINVES vs. COMMISSIONER OF PUBLIC WORKS OF FALL RIVER & another.

Supreme Judicial Court of Massachusetts, Bristol.

February 9, 1961.

Attorney(s) appearing for the Case

Thomas F. McGuire, (Peter G. Collias with him,) for the intervener Esther Minkin.

Francis T. Meagher, for the petitioner.

John T. Farrell, Jr., Assistant Corporation Counsel, for the respondent, submitted a brief.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, KIRK, & SPIEGEL, JJ.

SPIEGEL, J.

This is an appeal, under G.L.c. 213, § 1D, from the order of the Superior Court dated December 24, 1959, that a writ of mandamus issue, as prayed for, directing the commissioner of Public Works of Fall River to enforce the zoning ordinance of that city. The petitioner alleged that the building abutting her residence and owned by the intervener, Esther Minkin, was being used for the purposes of a "catering...

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