Rousseau v. Building Inspector of Framingham

We are called upon to review two cases which were tried together in the Superior Court. The first is a petition for a writ of mandamus to compel the building inspector of the town of Framingham (the town) to enforce, as applied to the locus, the zoning by-law of the town as it existed prior to an amendment adopted in 1958. The second is an appeal under G. L. c. 40A, § 21, from a decision of the board of appeals granting to owners of property within the locus a permit to construct a gasoline service station. The judge dismissed the petition for mandamus. He entered a decree upholding the…