MacGibbon v. Board of Appeals of Duxbury

Robert J. Geogan,

Town Counsel, for the defendant. Quirico, J. This is a bill in equity under G. L. c. 40A, § 21, appealing from a decision of the board of appeals (board) of the town of Duxbury (town) denying the plaintiffs a special permit to excavate and fill a portion of their shoreland. The plaintiffs own approximately seven acres of land, some parts of which are under water once or twice a month. On September 27, 1962, they applied to the board for a special permit “to fill and/or excavate any and all portions” of their land. After hearing, the application was denied on November 9, 1962.…