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LINDSAY v. BOARD OF APPEALS OF MILTON

362 Mass. 126 (1972)

284 N.E.2d 595

BERNARD C. LINDSAY & another, trustees, vs. BOARD OF APPEALS OF MILTON.

Supreme Judicial Court of Massachusetts, Norfolk.

June 14, 1972.

Attorney(s) appearing for the Case

Robert D. O'Leary, Town Counsel, for the defendant.

Richard C. Driscoll, Jr., for the plaintiffs.

Present: TAURO, C.J., SPIEGEL, REARDON, BRAUCHER, & HENNESSEY, JJ.

TAURO, C.J.

The defendant board appeals from a final decree of the Superior Court annulling the board's decision which affirmed the denial of a building permit to the plaintiffs for construction of a single family dwelling and garage upon the locus in Milton. We have before us the evidence in the case and the judge's report of material facts.

The following pertinent facts appear from the record: On April 14, 1967, the plaintiffs acquired the locus as a part...

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