Massachusetts Supreme Judicial Court, 1967

Allen v. Board of Appeals

Allen v. Board of Appeals
Massachusetts Supreme Judicial Court · Decided February 3, 1967
351 Mass. 714; 223 N.E.2d 804

Allen v. Board of Appeals

Opinion of the Court

This is an appeal from a final decree of the Superior Court annulling a decision of the board of appeals of the city of Fall River which granted a variance for the construction of a gasoline service station on land in a general residential zoning district. The trial judge ruled that the board “fails to state the existence of each of the prerequisites to the granting of a variance.” G. L. c. 40A, § 15. We agree and see no need to repeat the legal principle involved in this case. Barnhart v. Board of Appeals of Scituate, 343 Mass. 455.

Decree affirmed.

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