Gladstone Bros. v. Board of Health

The plaintiffs’ contention that certain of the findings of the trial judge underlying the order for dismissal of their petition for a writ of mandamus were “against the weight of the evidence” presents no question of law, as findings in a mandamus proceeding which depend on the credibility of witnesses (which is the case here) will not be disturbed unless plainly wrong. Powers v. Building Inspector of Barnstable, 363 Mass. 648, 650 (1973). The findings as to the board’s motivation in denying the plaintiffs’ application for a sewage disposal permit and the reasonableness of its action, if not…