361 Mass. 868 | Mass. | 1972
This is an appeal from a final decree dismissing a bill in equity by which the plaintiffs seek injunctive and declaratory relief in connection with the town’s construction of a public comfort station on land southerly and to the rear of their adjoining lots and buildings fronting on the southerly side of Commercial Street in Provincetown. The trial judge made a report of material facts found by him, and the evidence is reported. For the nature and extent of appellate review of findings on such a record, see Hosken, Inc. v. Hingham Management Corp. 328 Mass. 588, 589. We summarize the grounds on which the plaintiffs rely and the judge’s action thereon. (1) They question the need for the station despite the town meeting vote authorizing its construction. The judge found that “the [existing] public toilet facilities . . . are inadequate [and] that . . . the proposed comfort station is necessary, required and desirable to serve the needs of the public at large.” (2) They contend that the station will constitute a health nuisance by reason of odors, water pollution and the “hordes of people” it will attract. The plans and specifications for the station have the required approval of State
So ordered.