Shemeth v. Selectmen of Holden

The petitioner prays for a writ of mandamus directing the respondents, who are the selectmen of Holden and the members of the board of appeals, “to return or reissue” to him a permit which the selectmen formerly gave to him to “construct and remodel” a garage “for private purposes”; for damages, and for “further relief.” The facts appear partly in a statement of agreed facts which is not a case stated and partly in express findings by the trial judge.. The permit was granted on September 30, 1941. On October 10, counsel for the town wrote the petitioner that at a meeting the previous day the…