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Murdock v. Board of Appeals

Supreme Judicial Court of Massachusetts
Apr 4, 1961
173 N.E.2d 923 (Mass. 1961)

Opinion

April 4, 1961.

The case was submitted on briefs.

Robert J. Geogan, Town Counsel, Paul F.X. Moriarty, for the defendant.

John M. Corcoran, for the plaintiff.


Decree affirmed. This is an appeal from a final decree of the Superior Court under G.L.c. 40A, § 21, as amended, which annulled a decision of the board of appeals of Duxbury as in excess of its authority. The board's decision denied the plaintiff permission to build a dwelling house giving as a reason that there would be a violation of a zoning by-law relating to minimum size and frontage of lots. The by-law is unique, and the only question is one of its individual interpretation. We are of opinion that the judge made the right interpretation.


Summaries of

Murdock v. Board of Appeals

Supreme Judicial Court of Massachusetts
Apr 4, 1961
173 N.E.2d 923 (Mass. 1961)
Case details for

Murdock v. Board of Appeals

Case Details

Full title:JOHN A. MURDOCK, trustee, vs. BOARD OF APPEALS OF DUXBURY

Court:Supreme Judicial Court of Massachusetts

Date published: Apr 4, 1961

Citations

173 N.E.2d 923 (Mass. 1961)
342 Mass. 778