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CUMBERLAND FARMS OF CONN. v. ZONING BD. OF APPEAL

359 Mass. 68 (1971)

267 N.E.2d 906

CUMBERLAND FARMS OF CONNECTICUT, INC. vs. ZONING BOARD OF APPEAL OF NORTH ATTLEBOROUGH.

Supreme Judicial Court of Massachusetts, Bristol.

March 18, 1971.

Attorney(s) appearing for the Case

Allan van Gestel for the plaintiff.

Jarvis Hunt, Town Counsel, for the defendant.

Present: TAURO, C.J., CUTTER, SPIEGEL, QUIRICO, & BRAUCHER, JJ.

CUTTER, J.

This is a new phase of litigation which was before this court in 1968. See Cullen v. Building Inspector of No. Attleborough, 353 Mass. 671. (The present record contains the report of the auditor-master in the Cullen case.) The trial judge has found that the facts determined in the Cullen case have not changed materially.

After the Cullen decision, the plaintiff (Cumberland) applied...

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