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KELLOWAY v. BOARD OF APPEAL OF MELROSE

361 Mass. 249 (1972)

280 N.E.2d 160

GEORGE R. KELLOWAY & others vs. BOARD OF APPEAL OF MELROSE & others. (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

February 25, 1972.

Attorney(s) appearing for the Case

James A. McAvoy, Jr., for the plaintiffs-petitioners.

Paul E. Troy, City Solicitor, for the Board of Appeal of Melrose.

John J. McNaught for the Melrose Housing Authority.

Present: TAURO, C.J., CUTTER, SPIEGEL, REARDON, & QUIRICO, JJ.

CUTTER, J.

The petitioners seek relief by certiorari and also by a bill in equity under G.L.c. 40A, § 21, from the granting by the board of appeal to the Melrose Housing Authority (the Authority) of a variance for the construction of an apartment complex (the project) to provide accommodations for the elderly. The Authority (G.L.c. 121, § 26S, as amended through St. 1964, c. 636, § 7; and now by St. 1969, c. 751, § 1, transferred to G.L.c. 121B...

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