Shaughnessy v. Board of Appeals of Lexington

This case is before us on the plaintiffs’ appeal from a final decree in the Superior Court dismissing for want of jurisdiction their bill in equity in the nature of an appeal under G. L. c. 40A, § 21, from a decision of the board of appeals (the board) of Lexington (the town) granting a variance to the R. J. Foley Realty Trust (Foley Realty) to construct a single family dwelling on a lot (the locus) smaller in area and in frontage than allowed by the town’s zoning by-law. 3

We confine our statement of the case to matters which bear upon the jurisdictional issue. The plaintiffs’ dwelling is on…