Hammitt v. Board of Appeals of Marshfield

Full title: PHILIP V. HAMMITT another vs. BOARD OF APPEALS OF MARSHFIELD another

Court: Appeals Court of Massachusetts

Date published: Dec 8, 1986

500 N.E.2d 1365 (Mass. App. Ct. 1986)

23 Mass. App. Ct. 1104

Opinion

December 8, 1986.

The judgment entered on February 20, 1985, is reversed, and a new judgment is to be entered which (a) declares that the defendant Ahearn has no right to use any portion of the plaintiffs' property except so much of the driveway as is located thereon, (b) declares that the action of the building inspector in denying the defendant Ahearn a building permit was correct, and (c) annuls the decision of the board of appeals as in excess of its authority.