[Download] "Kane Et Al. v. Board Appeals City Medford" by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free

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eBook details

• Title: Kane Et Al. v. Board Appeals City Medford
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 11, 1930
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

RUGG, C. J. This is a petition for a writ of certiorari brought under section 27A inserted in G. L. c. 40 by St. 1924, c. 133. Its object is to examine for alleged errors of law the proceedings of the board of appeals of Medford relative to variance in the application of the zoning ordinance of that city. The case was heard on the petition and return. The petitioners requested rulings to the effect that 'on the record and evidence in the case' the records in question should be quashed. Reference to the evidence in these requests was impertinent. This is not one of the rare cases where evidence rightly could be received on a petition for a writ of certiorari. Selectmen of Wakefield v. Judge of District Court, 262 Mass. 477, 481, 160 N.E. 427. No evidence appears to have been offered or received. Reference to the evidence in the requests does not affect their substance. The single Justice denied the petitioners' requests for rulings and ordered the petition dismissed, but not 'as a matter of discretion.' The petitioners excepted to the denials of the requests for rulings and to the dismissal of the petition. The bill of exceptions raises only questions of law. The bill of exceptions is interpreted to mean that the single Justice ruled as matter of law that the petitioners were not entitled to the relief sought.

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