Nyquist v. Board of Appeals of Acton

This is a bill in equity by way of an appeal under G. L. c. 40A, § 21, from a decision of the board of appeals of the town of Act on sustaining the building inspector’s issuance of a permit. The plaintiffs appealed from an interlocutory decree sustaining a demurrer 1 and from a final decree dismissing the bill.

The bill in substance alleges the following: The plaintiffs are owners of land “in close proximity” to a certain parcel of land (situs) which is the subject of this suit. The defendant, Atlantic Corporation (Atlantic), is the prospective purchaser of the situs under written agreements…