Tahanto Associates, Inc. v. Board of Appeals

Decree affirmed. This is a bill in equity under G. L. c. 40A, § 21, as amended, by way of an appeal from a decision of the board of appeals of the town of Bourne granting a permit to establish certain “marine use areas.” By order of a judge in the Superior Court a final decree was entered that the decision was in excess of the authority of the board and should be annulled. The defendant board and the defendant shore and harbor committee appealed. The judge in his findings, rulings, and order for decree ruled that (1) the zoning by-law pursuant to which the board purported to act was not…