Feldman v. Board of Appeal of Boston

When the board of appeal of Boston granted James McKernan a variance to divide his property at 57 Mount Vernon Street, West Roxbury, into two undersized lots, the plaintiffs Feldman and McCaffrey sought judicial review. A judge of the Superior Court, acting under St. 1956, c. 665, § 11, required the plaintiffs to file in court a surety bond in the amount of $10,000 3 against which Mc-Kernan might recover damages and costs should the decision of the board ultimately be upheld. The plaintiffs, claiming inability, did not file the bond and, upon motion, their action was dismissed. We decide that…