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MacGIBBON v. BOARD OF APPEALS OF DUXBURY

369 Mass. 512 (1976)

340 N.E.2d 487

BRUCE MacGIBBON & another vs. BOARD OF APPEALS OF DUXBURY.

Supreme Judicial Court of Massachusetts, Plymouth.

January 9, 1976.

Attorney(s) appearing for the Case

Bruce MacGibbon for the plaintiffs.

Donald L. Connors, Town Counsel, for the Board of Appeals of Duxbury.

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

BRAUCHER, J.

The plaintiffs appeal for the third time from a denial by the board of appeals (board) of the town of Duxbury (town) of a special permit to excavate and fill certain portions of their coastal marshland. MacGibbon v. Board of Appeals of Duxbury, 347 Mass. 690 (1964) (MacGibbon I). MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635 (1970) (

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