McNeely v. Board of Appeal of Boston

By the court.

There are two appeals before us in this litigation. One is an appeal by the plaintiffs from a final decree in the Superior Court stating that the board of appeal of Boston (the board) did not exceed its authority in granting a variance to Suffolk University (Suffolk) from several provisions of the Boston Zoning Code (the code). The other appeal is by Suffolk from an order denying as matter of law Suffolk’s motion made after the entry of the final decree that the plaintiffs’ bond, required by St. 1956, c. 665, § 11, be increased. We defer discussion of the second appeal until we…