Elmer v. Board of Zoning Adjustment of Boston

The plaintiffs, being aggrieved by a decision of the board of zoning adjustment of the city of Boston, appealed to the Superior Court under St. 1924, c. 488, § 20, as appearing in St. 1941, c. 373, § 19.

This is the appeal of the board from the decree of the judge, on his determination of the facts (McHugh v. Board of Zoning Adjustment of Boston, 336 Mass. 682, 687), that the decision of the board be annulled.

The decision of the board filed September 9, 1959, pursuant to vote of August 5,1959, in terms changed two areas in the Back Bay district of Boston from a Residential, 80 foot height,…