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BOARD OF APPEALS OF HANOVER v. HOUSING APPEALS COMM.

363 Mass. 339 (1973)

294 N.E.2d 393

BOARD OF APPEALS OF HANOVER vs. HOUSING APPEALS COMMITTEE IN THE DEPARTMENT OF COMMUNITY AFFAIRS & others. BOARD OF APPEALS OF CONCORD vs. HOUSING APPEALS COMMITTEE IN THE DEPARTMENT OF COMMUNITY AFFAIRS & another.

Supreme Judicial Court of Massachusetts, Plymouth, Suffolk.

March 22, 1973.

Attorney(s) appearing for the Case

William J. Flynn, Jr., for the Board of Appeals of Hanover.

Eric Verrill (William F. Frado, Jr., with him) for the Board of Appeals of Concord.

Robert J. Condlin, Assistant Attorney General, for the Housing Appeals Committee in the Department of Community Affairs.

Thomas J. Kelly for Country Village Corporation & others.

John H. Clymer for Concord Home Owning Corporation, intervener.

Alexander J. Cella & Robert Cohen for Newton Civic and Land Association & another, amici curiae, submitted a brief.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, HENNESSEY, & KAPLAN, JJ.

TAURO, C.J.

These are two suits in equity brought by (1) the board of appeals of the town of Hanover (Hanover board) and (2) the board of appeals of the town of Concord (Concord board) each reserved and reported by a Superior Court judge without decision. We have before us the records of the proceedings before both boards and the Housing Appeals Committee (committee) as certified by the committee. The boards denied applications for comprehensive permits to build low...

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