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CAPE ANN LAND DEVELOPMENT CORP. v. GLOUCESTER

371 Mass. 19 (1976)

353 N.E.2d 645

CAPE ANN LAND DEVELOPMENT CORP. vs. CITY OF GLOUCESTER (and a companion case).

Supreme Judicial Court of Massachusetts, Essex.

August 27, 1976.

Attorney(s) appearing for the Case

F. Anthony Mooney for Cape Ann Land Development Corp.

H. Sage Walcott, City Solicitor, for the city of Gloucester & another.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, & WILKINS, JJ.

WILKINS, J.

The plaintiff (Cape Ann) is the owner of fourteen and one-half acres of land (locus) adjacent to Route 128 in Gloucester (city) on which it has operated an open air motion picture theatre for approximately twenty years and on which it now wishes to construct a shopping center. In December, 1972, Cape Ann submitted a "perimeter plan" of the locus to the Gloucester planning board, requesting that the plan be endorsed "subdivision approval not required."...

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