Bouchard v. Ramos

This 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 New Bedford granting a variance to the defendants Ramos was before us in 346 Mass. 423. At that time the rescript in its entirety provided: ‘‘ The decree is reversed. A final decree is to be entered in the Superior Court adjudging that the decision exceeded the authority of the board and is annulled” (page 426). Thereafter there was entered a final decree after rescript which not only contained the foregoing but also ordered the defendant city to *293pay to the plaintiffs or…