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SUBARU OF NEW ENGLAND v. BD. OF APPEALS, CANTON

8 Mass. App. Ct. 483 (1979)

395 N.E.2d 880

SUBARU OF NEW ENGLAND, INC. vs. BOARD OF APPEALS OF CANTON.

Appeals Court of Massachusetts, Norfolk.

October 22, 1979.

Attorney(s) appearing for the Case

Joseph H. Malloy, Town Counsel, for the defendant.

W.P. Colin Smith, Jr., for the plaintiff.

Present: KEVILLE, BROWN, & DREBEN, JJ.

DREBEN, J.

The board of appeals of Canton (board) appeals from a judgment, entered after two trials, annulling the board's decision which made approval of a site plan contingent on certain conditions being performed by Subaru of New England, Inc. (Subaru). The board also appeals from an interlocutory decree entered after the first trial ordering the board to issue a special permit to Subaru and to conduct further hearings on the question of site plan approval. We...

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