MacGibbon v. Board of Appeals of Duxbury

This is a bill in equity under G. L. c. 40A, § 21, by way of an appeal from a decision of the board of appeals of the town of Duxbury (the town) denying the plaintiffs a permit (the permit) “to fill and/or excavate” certain shore lots. The case is here on appeal from a decree of the Superior Court that the decision of the board did not exceed its authority and that no modification of its decision was required.

On March 12, 1960, the town adopted an amendment to its zoning by-law which stated: “ [The by-law] is also for the purpose of protecting and preserving from despoliation the natural…