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CHASE v. PLANNING BOARD OF WATERTOWN

4 Mass. App. Ct. 430 (1976)

350 N.E.2d 470

ROBERT B. CHASE & others vs. PLANNING BOARD OF WATERTOWN & others.

Appeals Court of Massachusetts, Suffolk.

July 7, 1976.

Attorney(s) appearing for the Case

Christopher Pilavis for the plaintiffs.

Walter H. McLaughlin, Jr. (William F. York with him) for Carabetta Enterprises, Inc. & another.

Paula R. Rosen, Assistant Attorney General, for Department of Community Affairs.

John G. Carberry for Massachusetts Housing Finance Agency.

Present: HALE, C.J., GRANT, & ARMSTRONG, JJ.

HALE, C.J.

This is an appeal from a judgment of dismissal entered pursuant to Mass.R.Civ.P. 12 (b), 365 Mass. 755 (1974), of an action seeking a declaratory judgment in accordance with G.L.c. 231A.

In early 1975, Carabetta Enterprises, Inc. (developer), filed an application with the Department of Community Affairs (DCA) seeking to establish pursuant to G.L.c. 121A (as in effect prior to St. 1975, c. 827) a...

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