City Council of Waltham v. Vinciullo
Massachusetts Supreme Judicial Court
1Opinion of the CourtTauro, C.J.
The city council of Waltham (council) filed a bill in equity by way of appeal from a decision of the board of appeals of Waltham (board) granting a zoning variance requested by the Vinciullos (defendants). The bill was filed on July 14, 1969, pursuant to G. L. c. 40A, § 21, as amended through St. 1960, c. 365. On August 9, 1971, after a trial, a Superior Court judge ruled that there had been no showing of substantial hardship especially affecting the property in question, within the meaning of G. L. c. 40A, § 15, which would result from enforcement of the zoning regulations. The judge…
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