Atherton v. Board of Appeals of Bourne

This is a bill in equity under G. L. (Ter. Ed.) c. 40A, § 21, inserted by St. 1954, c. 368, § 2, by way of appeal from a decision of the board of appeals of the town of Bourne granting a variance. The judge entered a decree that the board’s decision did not exceed its authority and that the variance was valid. The plaintiffs appealed. The evidence is reported.

The findings made by the judge were as follows: "I find that the evidence in this case justified the findings made by the board of appeals, that said board acted within its statutory powers, and that its decision was not arbitrary or…