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JOHN DONNELLY & SONS, INC v. OUTDOOR ADVERTISING BOARD

361 Mass. 746 (1972)

282 N.E.2d 661

JOHN DONNELLY & SONS, INC. vs. OUTDOOR ADVERTISING BOARD & another.

Supreme Judicial Court of Massachusetts, Suffolk.

May 5, 1972.

Attorney(s) appearing for the Case

Robert W. Meserve (Kenneth L. Grinnell with him) for the plaintiff.

Timonthy F. O'Leary, Assistant Attorney General, for Outdoor Advertising Board.

James T. Grady, Town Counsel, for the Town of Avon.

Andrew F. Lane & James P. Whitters, III, for Conservation Law Foundation of New England, Inc., amicus curiae, submitted a brief.

Present: TAURO, C.J., CUTTER, SPIEGEL, REARDON, & HENNESSEY, JJ.

CUTTER, J.

The plaintiff (Donnelly) seeks judicial review (G.L.c. 30A) of a decision of the Outdoor Advertising Board (the board, sometimes called the division); see G.L.c. 16, § 13 (as appearing in St. 1969, c. 704, § 21) and § 14 (as appearing in St. 1963, c. 704, c. 93, §§ 29-33, as amended, denying the renewal of a permit to maintain a billboard on the roof of 145 Main Street, Avon (the locus), and ordering that the billboard be removed...

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