Carr v. Board of Appeals of Medford

This bill in equity was brought in the Superior Court by way of an appeal from a decision of the board of appeals of the city of Medford directing the building commissioner to issue a permit for the construction of a drive-in theatre.

The circumstances which gave rise to this proceeding are these. Suburban Drive-In Theatre Corp. (hereinafter called Suburban) is the owner of a tract of land in Medford which is located in a “heavy industrial district.” Suburban, which desires to construct a drive-in theatre on the premises, applied to the building commissioner of the city for a building permit.…