Spaulding v. Board of Appeals of Leicester

This is a bill in equity by way of appeal from a decision of the defendant board of appeals purporting to grant a variance to Stephen G. Minasian, intervener, to conduct a drive-in theatre in a residential area, a use not permitted by the zoning by-law of the town of Leicester. G. L. (Ter. Ed.) c. 40, § 30, as appearing in St. 1933, c. 269, § 1, as amended by St. 1935, c. 388, § 2. See now G. L. (Ter. Ed.) c. 40A, § 15, inserted by St. 1954, c. 368, § 2, as amended by St. 1955, c. 325, § 2. The judge ruled that the appeal was not seasonably filed. From a final decree dismissing the bill, the…