ALLEY v. BUILDING INSPECTOR OF DANVERS


354 Mass. 6 (1968)

234 N.E.2d 879

GORDON B. ALLEY vs. BUILDING INSPECTOR OF DANVERS & another.

Supreme Judicial Court of Massachusetts, Essex.

March 5, 1968.


Attorney(s) appearing for the Case

A. Kenneth Carey, Town Counsel, for the defendants.

William B. Sullivan, Jr., for the plaintiff.

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


WHITTEMORE, J.

The plaintiff sought a permit to build on a lot on Perry Street in Danvers that conformed to the zoning by-law. The building inspector denied a building permit and his decision was sustained by the board of appeals. A decree in the Superior Court annulled the decision of the board.

For reasons next stated, the permit was rightly denied. The lot on Perry Street was created from the rear of two adjacent lots that fronted on High Street. A house...

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