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MacGIBBON v. BOARD OF APPEALS OF DUXBURY

369 Mass. 523 (1976)

344 N.E.2d 185

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

Supreme Judicial Court of Massachusetts, Plymouth.

March 18, 1976.

Attorney(s) appearing for the Case

Donald L. Connors, Town Counsel, & Susan G. Kupfer, for the Board of Appeals of Duxbury, filed a petition for rehearing.

Francis X. Bellotti, Attorney General, Charles Corkin, II, Ellyn R. Weiss & Stephen M. Leonard, Assistant Attorneys General, for the Secretary of Environmental Affairs & another, amici curiae, submitted a brief.

Gregor I. McGregor for the Massachusetts Association of Conservation Commissions, amicus curiae, submitted a brief.

Douglas I. Foy, Alexandra D. Dawson, & Alan H. Kaufman, for Conservation Law Foundation of New England, Incorporated, amicus curiae, & Thomas B. Arnold, for Massachusetts Audubon Society, amicus curiae, submitted a brief.

R. Lisle Baker for the Environment Committee of the Boston Bar Association & another, amici curiae, submitted a brief.

Stuart DeBard, amicus curiae, submitted a brief.

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

BRAUCHER, J.

After our decision in this case, ante, 512 (1976), (MacGibbon III), the board filed a petition for rehearing pursuant to Mass. R.A.P. 27, 365 Mass. 874 (1974). We also received briefs in support of that petition from several friends of the court.1 We now deny the petition.

MacGibbon III, like MacGibbon v. Board of Appeals of Duxbury,

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