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POWERS v. BUILDING INSPECTOR OF BARNSTABLE

363 Mass. 648 (1973)

296 N.E.2d 491

CHARLES A. POWERS & others vs. BUILDING INSPECTOR OF BARNSTABLE.

Supreme Judicial Court of Massachusetts, Barnstable.

May 17, 1973.

Attorney(s) appearing for the Case

C. Michael Sheridan (John P. Garrahan with him) for the petitioners; Harold L. Hayes, Jr., for the interveners Ann Stevens Atlee & others, also with him.

Stephen C. Jones for the interveners Old Harbor Candle Company & others.

Present: TAURO, C.J., QUIRICO, BRAUCHER, & KAPLAN, JJ.

QUIRICO, J.

This is a petition for a writ of mandamus to compel the respondent building inspector to enforce the zoning by-law of the town of Barnstable and thereby to prohibit the alleged unauthorized use being made of two parcels of land, with buildings thereon, located on Scudder Avenue in the Hyannisport district of the town.

The petition was originally brought by nine persons owning land located adjacent to...

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